The bankers books evidence act 1879

The principal act is hereby amended by the substitution for section 9 thereof of the section set out in the schedule to this act. Supreme court clarifies application of bankers books. The bankers books evidence act, 1879, is hereby amended a by the substitution of the following section for section 5. 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. Xviii 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. Subject to the provisions of this act, a certified copy of any entry in a banker s books shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry. The decision reached by the supreme court charleton j. Bankers books evidence act 1879 bankers books evidence act 1879 3 mode of proof of entries in bankers books. 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. In this act the principal act means the bankers books evidence act, 1879. A copy of an entry in a banker s book shall not be received in evidence under this act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course. A copy of an entry in a bankers book shall not be received in evidence under this act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books. Free practical law trialto access this resource, sign up for a free trial of practical law. Subject to the acts shortening acts, the bankers books evidence act of 1879 is hereby repealed. Bankers books evidence act 1879 an act to amend the law of evidence with respect to bankers books. An act to amend the law of evidence with respect to bankers books. The commission also provisionally recommends that the existing inclusionary exceptions should be retained, and these include. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 1879 1959 the act is misconceived because.

The traditional interpretation of the bankers books evidence act, 1879 as amended the act was that of an attempt by the legislature to. At the current time any known changes or effects made by subsequent legislation have been applied to. Bankers books evidence amendment bill, 1959second and. An act to consolidate and amend the law of evidence with respect. Admissibility of electronic evidence information technology. Bankers books evidence act, 1879 irish statute book. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1 891. It is common for a bank employee to set out in affidavit or in oral evidence the basis for the debt and a calculation of the arrears. The bankers books evidence act, 1879, makes a copy of any entry in a bankers book prima facie evidence of the contents of the entry and of the matters recorded therein, on the copy being proved to be correct.

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. One defence a defendant might use is that the evidence does not comply with bankers books evidence act 1879 bbea. In this act the expressions bank and banker mean any person, persons, partnership, or company carrying on the. The bankers books evidence act 1891 indian bare acts india. Notice of application for an order to inspect and copy entries in books. The bankers books evidence act 1879 of england was enacted with the practice of bankers in 1879 in mind.

Supreme court clarifies application of bankers books evidence acts. There are currently no known outstanding effects for the bankers books evidence act 1879, section 3. 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 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. Subject to the provisions of this act, a copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded. October, 1891l an act to amend the law of evidence with respect to bankers books. The class action that finally buried bankers order. The object of the bill was to apply to india the provisions of the english bankers. Whereas it is expedient to amend the law of evidence with respect to bankers books. The traditional interpretation of the bankers books evidence act, 1879 as amended the act was that of an attempt by the legislature to simplify evidence needed in relation to bank records required to prove debt at court hearings. The supreme court provides welcome clarity on the bankers. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the act is misconceived because.

Subject to the provisions of this act, a copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded. This act may be cited as the bankers books evidence act of 11949. Revised legislation carried on this site may not be fully up to date. Law library 18 of 1891 1st october, 1891 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 object of this bill is to amend the bankers books evidence act, 1879, in certain respects with regard to which attention has been called to the need for amendment by the irish banks standing committee and in the report of the committee on company law reform. Versions of this act includes consolidations, reprints and as passed versions home bankers books evidence act 1879. Western australian legislation bankers books evidence act 1879. 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. This act may be cited as the bankers books evidence act, 1879.

The erudite jurist, niki tobi jsc in the case of nze bernard chigbu v tominas nig. 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. The bankers books evidence act, 1879, shall continue to apply with respect to any books of the transferor transferred to the transferee in connection with the business agreed to be transferred and to entries made in those books before the transfer date in this section books includes ledgers, day books, cash books, account books and all other books and records used in the ordinary business. There are currently no known outstanding effects for the bankers books evidence act 1879. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the. Are magistrates courts statutorily empowered to grant. 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.

It must be construed in 1980 in relation to the practice of bankers, as we now understand it. It must be construed in 1980 in relation to the practice of. 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. Up until recently it was thought that the very purpose of the legislation was to avoid the necessity of a bank having to produce all original banking ledger. The bankers books evidence act, 1891 advocatetanmoy law. 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. The bankers books act was enacted in england in 1879 and therefore qualifies as a statute of general application soga. Acts shortening acts, see now acts interpretation acts, 19. Bankers books evidence acts, 1879 19892 to end the onerous requirement to bring to court the original bankers books introduction under subpoena duces tecum, the 1879 act permitted into.

Background the issue in the case was whether the affidavit of ms. The bankers books evidence act, 1891 1 title and extent. A copy of an entry in a banker s book shall not be received in evidence under this act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Contact us our customer support team are on hand 24 hours a day to help with queries. Bankers books evidence act 1879 4 4 need to retain bankers books exemption to the exclusionary rules of evidence. Subject to the provisions of this act, a copy of any entry in a banker s book shall. Mary murray, a senior relationship manager with ulster bank ireland limited. Topic 2 the bankercustomer contract rights and duties. Rather, what is in the statute books is bankers books evidence act, 1879. Case in which officer of bank not compellable to produce books. The bankers book application is under s4, s7 and s92 of the bankers book of evidence act 1879 say on the application of a party at high court, a judge may instruct the bank to produce the bankers books showing all transactions not just the ones they want the court to see within 72 hrs. This act has been extended to pondicherry by act 26 of 1968 sec. The bill was passed by the legislature on 1st october 1891. Law of evidence in the uk advocatetanmoy law library.