Free practical law trialto access this resource, sign up for a free trial of practical law. Bankers books evidence act, 1891 title and extent 1 this act may be called. The bankers books evidence act, 1891 1 title and extent. Subject to the acts shortening acts, the bankers books evidence act of 1879 is hereby repealed. Xviii of 1891 1 st october, 1891 an act to amend the law of evidence with respect to bankers books. Jun 21, 2019 claimants strongly contended that the bankers order act 1847 pursuant to which the order of the magistrates court was made was nonexistent. The nigerian police force are in the habit of approaching the magistrates court via an exparte application to freeze suspected bank accounts and inspect the bankers books bankers order with reliance on section 7 of the bankers books evidence act 1879 bankers act. Jul 05, 2014 october, 1891l an act to amend the law of evidence with respect to bankers books. Changes to legislation revised legislation carried on this site may not be fully up to date. The supreme court provides welcome clarity on the bankers. The bankers books evidence act, 1879, was designed to relieve bankers from the great inconvenience of having to attend court and bring with them the books in daily use in their business.
Section 92 of the act, as substituted by the banking act 1979, has now extended that definition to include those other records used in the ordinary business of a bank, building society, national savings. Bankers books evidence act, 1879, section 7 irish statute book. A record as originally defined by the bankers books evidence act 1879 to include ledgers, daybooks, cash books, account books, and all other books used in the ordinary business of the bank. An order under this section may be made either with or without summoning the bank or any. October, 1891l an act to amend the law of evidence with respect to bankers books.
Where a bank is a party toa legal proceeding the other party or parties thereto shall be at liberty to. This act maybe cited as the bankers books evidence act, 1879. On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceedings. Bankers book evidence act indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. The bankers book evidence act, 1891 the lawyers and. Important aspects of bankers book evidence act, 1891.
An act to amend the law of evidence with respect to bankers books. Mary murray, a senior relationship manager with ulster bank ireland limited. The principal act is hereby amended by the substitution for section 9 thereof of the section set out in the schedule to this act. At the hearing of the motion for liberty to enter final judgment the master of the high court held that the affidavit grounding the banks claim was inadmissible as being hearsay, having regard to the provisions of the bankers books evidence acts 1879 1959 the acts. Section 7 of the bankers books evidence act 1879, a statute of general application usually relied upon by the police reads. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1 891. The state government may, from time to time, by notification in the official gazette, extend the provisions of this act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary accountbooks, namely, a cash book, a day. On the application of any party to a legal proceeding the court or a judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceeding, or may order the bank to prepare and. Revised legislation carried on this site may not be fully up to date. Rather, what is in the statute books is bankers books evidence act, 1879. In this act the principal act means the bankers books evidence act, 1879. The master of the high court has refused liberty to enter final judgment in a number of recent cases on the basis that the plaintiff bank did not prove the debt due to it in accordance with the requirements of the bankers books evidence act 1879 as amended the bankers books act. The bankers books evidence act, 1891 advocatetanmoy law. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1891.
But only provisions of companies act are applicable for non banks. An act to consolidate and amend the law of evidence with respect. The bankers books evidence act, 1876, shall he repealed as from the passing of this act, but such repeal shall not affect anything which has been done or happened before such repeal takes effect. The bankers books evidence act 1891 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the bankers books evidence act 1891 national security, others, procedural and administration, property related, public utilities, shipping. Supreme court clarifies application of bankers books evidence acts. Versions of this act includes consolidations, reprints and as passed versions home bankers books evidence act 1879. Law of evidence in the uk advocatetanmoy law library. Savings account and current account are operated in a bank and entries of the savings account are recorded in the pass book and the pass book is regarded as the conclusive evidence between a banker and customer. Whereas it is expedient to amend the law of evidence with respect to bankers books.
On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker s book for any of the purposes of such proceedings. Western australian legislation bankers books evidence act 1879. Section 1 of the bankers books evidence act 1879 uses the words, and in. To this extent it is an act for the relief of bankers, but it is also an act for the benefit of suitors since it enables copies of entries in a bankers book. So that, to begin with, the bankers order in issue in this case was patently issued pursuant to a nonexistent law and afortiori, null and void ab initio and of no effect whatsoever. The object of the bill was to apply to india the provisions of the english bankers. The bill was passed by the legislature on 1st october 1891. At the current time any known changes or effects made by subsequent legislation have been applied to. This act may be cited as the evidence bankers books act. In this act, unless there is something repugnant in.
Bankers books evidence act, 1879 irish statute book. Background the issue in the case was whether the affidavit of ms. There are currently no known outstanding effects for the bankers books evidence act 1879, section 7. The bankers books evidence act 1891 indian bare acts india.
Bankers books evidence amendment bill, 1959second and. This act may be cited as the bankers books evidence act, 1879. The class action that finally buried bankers order debacle. Supreme court clarifies application of bankers books. On the application of any party to a legal proceeding a court may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceedings. Are magistrates courts statutorily empowered to grant. The act is in force in the republic of sierra leone. Bankers books evidence act 1879 free download as pdf file. Bankers books evidence act 1879 affidavit judge scribd. Case in which officer of bank not compellable to produce. Nigerian police and obnoxious use of the bankers order. In this act, unless the context otherwise requiresinterpretation bank or banker means any person carrying on the business of banking in zambia under the provisions of the banking and financial services act cap. Bankers books evidence act 1879 chapter 11 chapter 11.
May 07, 2019 section 7 of the bankers books evidence act 1879, a statute of general application usually relied upon by the police reads. And copy entries in books bankers books evidence act, 1879 section 7. That may as well be correct but the proper andor correct law is the bankers books evidence act 1879 chapter 11. The object of this bill is to apply to british india the provisions of the english bankers books evidence act, 1879, under which copies of entries in bankers books are made receivable in evidence under certain conditions. The bankers books evidence act 1879 of england was enacted with the practice of bankers in 1879 in mind. Dispute resolution department admissibility of evidence in. Law library 18 of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. Books evidence act, 1879, under which copies of entries in bankers.
The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the. Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. Banking company vs nonbanking company including nbfcs. This act may be cited as the bankers books evidence act 1879. Contact us our customer support team are on hand 24 hours a day to help with queries. The bankers book evidence act, 1891, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Evidence act 1879 as amended the act in enforcement proceedings arising out of default by a borrower on a bank loan. This act may be cited as the bankers books evidence act of 11949. His second point was the bankers books evidence act of 1979 which says. It is the role of the courts to interpret and apply statutes, whether they are acts of parliament of the solomon islands or acts of parliament of the united kingdom. Evidence documentary evidence act 1882 criminal evidence act 1898 evidence act 1851 civil evidence act 1968 the electronic presentment of instruments evidence of payment and compensation for loss regulations 2018 police and criminal evidence act 1984 bankers books evidence act 1879 evidence and powers of attorney act 1943 oaths and evidence overseas.
The bankers books evidence act 1891 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the bankers books evidence act 1891 national security, others, procedural and administration, property related, public utilities. The bankers books evidence act, 1879, is hereby amended a by the substitution of the following section for section 5. Claimants strongly contended that the bankers order act 1847 pursuant to which the order of the magistrates court was made was nonexistent. The bankers book evidence act of 1879 is widely used throughout the commonwealth of nations. This act has been extended to pondicherry by act 26 of 1968 sec.
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