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Judgment Search Results Home > Cases Phrase: bankers book evidence act Page 1 of about 7,137 results (0.113 seconds)

Nov 06 1992 (HC)

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Reported in : ILR1993KAR201; 1993(1)KarLJ308

..... no person can be charged with liability on the basis of mere entries whether the entries produced are the original entries or copies under section 4 of the bankers' books evidence act. we cannot agree with the high court that the mere fact that the appellants did not specifically mention the sum of rupees 10,000/- as not having been advanced to ..... accounts. the supreme court, in chandradhar goswami and ors. v. gauhati bank ltd. has, while considering section 34 of the evidence act, and section 4 of the bankers' book evidence act, held as follows:'6. the main question urged before us is that there is no evidence besides the certified copy of the amount to prove that a sum of rs. 10,000/- was advanced to the ..... entry itself would be admissible by law and not further or otherwise. original entries alone under section 34 of the evidence act would not be sufficient to charge any person with liability and as such copies produced under section 4 of the bankers' books evidence act obviously cannot charge any person with liability. therefore, where the entries are not admitted it is the duty of the ..... said to have been proved as advanced. it is relevant to notice that the expression 'certified copy' has been defined under the bankers' books evidence act, 1891. according to the said definition, 'certified copy' means, a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such .....

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Dec 17 2003 (HC)

Indian Bank Vs. V.R. Venkataraman and ors.

Court : Andhra Pradesh

Reported in : 2004(4)ALD307; 2004(3)ALT665

..... significance in insisting upon the endorsement due to the reason that originals are not being produced into court even for the purpose of comparison. the statute gives exemption under the bankers' books evidence act from production of the originals. it lays down a particular procedure to produce the copies, which can be treated as certified copies. moreover, in the present case, the certified ..... learned counsel for the respondents has contended that reliance cannot be placed on said true copies of the documents which goes contra to the provisions of clause (8) of the bankers' books evidence act and placed reliance on the decision reported in fatima bee bee v. official trustee, air 1941 rangoon 344, and united bank of india ltd. v. nederlandsche standard bank, : air1962cal325 . ..... has questioned as to how true copies could be marked and relied on. the counsel appearing for the appellant has contended that they are admissible under the provisions of the bankers' books evidence act, 1891. it is also contended that the said true copies of the accounts marked as ex.a-2 is admissible as the endorsement is a valid endorsement. it is ..... a different view. the provisions are required to be interpreted. the question is whether the documents, which do not contain the endorsement as required under section 2(8) of the bankers' books evidence act can be treated as certified copy or cannot be treated as certified copy within the meaning of the said section. the intention of the framers of the said .....

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Oct 11 1995 (HC)

Shivam Construction Co. and ors. Vs. Vijaya Bank, Ahmedabad and ors.

Court : Gujarat

Reported in : AIR1997Guj24; (1997)1GLR774

..... evidence of the existence of such entry, and shall be admitted as evidence. section 4 of the banker's books evidence act, 1891, reads as under:'4. mode of proof of ..... has, successfully, established the suit dues. the bank has placed reliance on the certified true copy of the current account of defendant no. 1 firm under section 4 of the bankers' books evidence act 1891. the certified true copy from the current account is produced and relied on. it is contended from the certified true copy that under section 4 ..... bankers books evidence act 1891, does not prove the dues of the bank. it is true that under the provisions of section 4 of the bankers books evidence act, subject to the other provisions of this act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie ..... entries in bankers' books:-- subject to the provisions of this act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima .....

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May 24 1994 (HC)

Deutache Ranco Gmbh Vs. Mohan Murti

Court : Delhi

Reported in : 1994IIIAD(Delhi)343; 55(1994)DLT273

..... unability to give particulars of the other two accounts. the registry was directed to take steps accordingly.(3) meanwhile, the decree holder moved another application under section 6 of the bankers books evidence act, 1891 read with section 151 of the code and in this application it was prayed that a direction be issued to the indian bank, e-30,south extension part-11 ..... deposited the additional court fee till 18/03/1994, the execution petition was not maintainable on thatdate.(7) the learned counsel further drew my attention to section 5 of the bankers books evidence act, 1891 and submitted that in terms of the aforesaid provisions,no special cause was made on behalf of the decree holder to issue a notice to the indian bank, south ..... objection raised by the learned counsel for the decree holder did not survive.(9) the learned counsel for the decree holder also drew my attention to section 6 of the bankers books evidence act, 1891 and submitted that in terms of this section, this court had directed to issue a notice to indian bank, south extension part-11, new delhi and indian overseas bank ..... read with section 151 of the code and accordingly the orders were passed on 2/05/1994 in terms of section 6 of the bankers books evidence act, 1891 and not under section 5 of the said act. accordingly, i direct the learned counsel appearing on behalf of the indian bank, south extension part-11, new delhi to produce copies of the entries in the .....

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Mar 25 1992 (HC)

Syndicate Bank Vs. Kumar Industries and Others

Court : Delhi

Reported in : [1993]76CompCas591(Delhi)

..... account when they issued the acknowledgment of liability letter, exhibit pw-1/8 to exhibit pw-1/10. this was corroborative evidence placed by the plaintiff-bank along with entries in the books of account under section 4 of the bankers books evidence act where were maintained in due course of business. mr. kohli, counsel for the defendants, had no explanationn as to how the defendants ..... the that they paid rs. 100 on a particular date. it is in this background that the supreme court held that the original entries alone, under section 34 of the bankers' books evidence act, would not be sufficient to charge any person with the liability and as such copies produced under section 4 of the ..... has been charged on quarterly rest basis. 7. mr. dewan, appearing for the plaintiff, contended that under section 4 of the banker's book evidence act, 1891, the copy of accounts certified in accordance with section 2(8) of the act is prima facie evidence and it does not require proof by production of cheques and vouchers, etc., relating to each entry, such a copy must ..... -1, shri s. r. ballar. in the statement of accounts. exhibit pw-1/11 to exhibit to exhibit pw-1/13, a certificate as required under section 4 of the bankers' books evidence against the defendants. but the question still remains, whether these entries have been proved or not and are they sufficient to charge the defendants. the plaintiff has not been able .....

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Jul 24 1997 (HC)

Uco Bank, Khade Bazaar, Belgaum Vs. Vasanthlala Kewaldas Shah

Court : Karnataka

Reported in : ILR1998KAR3368; 1998(6)KarLJ705

..... judgments of the courts below clearly indicate that the judgments of both the courts below are perverse and against the settled principle of law and also the provisions of the bankers' books evidence act. this is one case where this court must interfere.4. accordingly, the judgment and decree of the courts below is set aside. the second appeal is allowed and the suit ..... an account has to be taken as the basis for any claim. in fact, sections 3 and 4 of the bankers' books evidence act, 1891 is clear that the statements given by the bank certified to be true under section 2 of the bankers' books evidence act shall be taken as the correct statement of account and a suit lie on the basis of that must be decreed ..... a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as ..... . it is necessary to quote section 4 of the bankers' books evidence act, which reads thus:'4. mode of proof of entries in bankers' books.--subject to the provisions of this act, a certified copy of any entry in .....

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Mar 01 2006 (HC)

Gulhati and anr. Vs. Karnataka State Financial Corporation and ors.

Court : Karnataka

Reported in : ILR2007KAR44

..... produced by the 1st respondent - corporation before the learned district judge as per ex. p6. section 44 of the sfc act clearly envisages that the financial corporation shall be deemed to be a bank for the purposes of the bankers books evidence act, 1891 and that being so, the statement of accounts produced by the 1st respondent - corporation is entitled for presumption under ..... in their detailed depositions have corroborated the entries in the books of accounts. section 4 of the bankers' books evidence act gives a special privilege to the ..... has not been rebutted by the appellant. section 44 of the sfc act prescribes that the financial corporation shall be deemed to be a bank for the purposes of the bankers books evidence act, 1891. it is thus obvious that apart from the entries in the books of accounts, there was ample evidence on record to corroborate the said entries. pws. 1 and 2 ..... corporation in terms of section 44 and allows certified copies of their accounts to be produced by them and those certified copies become prima facie evidence of the existence of the original entries in the accounts .....

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Sep 21 2001 (HC)

Radha Agencies and ors. Vs. Vijaya Bank

Court : Andhra Pradesh

Reported in : AIR2002AP91; [2004]121CompCas477(AP)

..... rs. 10,000/-which had been advanced on march 1, 1947 and which was disputed by the defendants. while considering the impact of section 34 of the evidence act and also section 4 of the bankers' books evidence act of 1891 the court held (at pp. 1060 and 1061 of air) :'it will be clear that section 4 gives a special privilege to banks and allows ..... no person can be charged with liability on the basis of mere entries whether the entries produced are the original entries or copies under section 4 of the bankers' books evidence act. we cannot agree with the high court that the mere fact that the appellants did not specifically mention the sum of rupees 10,000/- as not having been advanced to ..... entry itself would be admissible by law and not further or otherwise. original entries alone under section 34 of the evidence act would not be sufficient to charge any person with liability and as such copies produced under section 4 of the bankers' books evidence act obviously cannot charge any person with liability. therefore, where the entries are not admitted it is the duty of the ..... bank if it relies on such entries to charge any person with liability, to produce evidence in support of the entries to show that the money was advanced .....

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Aug 02 2001 (HC)

Shail Kumari Vs. Saraswati Devi

Court : Delhi

Reported in : 96(2002)DLT131

..... affected by it, or (iii) it is certified copies of public document or otherwise admissible in evidence like certified copies issued under bankers' books evidence act 1891, or (iv) is 30 years old document or (v) it has been proved by judicial evidence in accordance with the provisions of indian evidence act. sometimes the trial court also put exhibit number with note 'objected' by counsel of the ..... least one of the attesting witnesses in accordance with section 68 of the evidence act. a document which is in-admissible for want of registration or proper stamp is in-admissible in evidence, unless use of it is permissible for collateral purposes or extracts of accounts book without production of books of account and proof that they were kept in ordinary course of business ..... an exhibit in the case and has been used by the parties in examination and cross-examination of their witnesses, section 36 of the stamp act comes into operation. once a document has been admitted in evidence, as aforesaid, it is not open either to the trial court itself or to a court of appeal or revision to go behind that ..... plaintiff or defendant (the affected party) or writing note 'subject to objection' or 'subject to objection of the counsel' for the party affected by the document. the exhibit number put on a document signifies its acceptance and admissibility in evidence and also .....

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Jul 06 2004 (HC)

Vithoba N. Adel Vs. Vijaya Bank and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR390; I(2005)BC366

..... statement of accounts in the present case was clearly a statement governed by the bankers book evidence act (1891) and such a statement is required to be admitted as evidence of the fact that the amount was due and no further evidence is required unless rebutted. in this view of the matter, we are satisfied ..... the claim merely on the basis of an admission that the defendant was irregular in making payment. we have therefore perused the evidence ourselves. it is clear from the evidence and in particular the deposition of the plaintiffs manager who proved the statement of accounts at exh. 36 that the witness ..... v. shree dhyaneshwar maharaj sansthan and ors. air 1959 sc 789. that was a matter decided under the same provision of the earlier limitation act of 1908.in that case it was alleged that the defendant had taken possession of the hereditary office adversely to the plaintiff and was therefore ..... suggested by the learned counsel of the defendant that the cause of action for compensation and damages is continued tort under section 32 of the limitation act and therefore the counter-claim is not barred. the learned counsel relied on the decision of the supreme court in balkrishna savaram pujari waghmare and ..... lrs., : air1997sc3985 . that case is also not applicable since the question there was whether a suit and counter-claim were barred under the limitation act was sought to be raised for the first time before the supreme court even though it was not raised at any time earlier. it is in .....

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