Banker’s Books Evidence Act, 1977

No: 6 Dated: Apr, 01 1978

THE BANKER’S BOOKS EVIDENCE ACT, 1977 (1920 A. D.)

(Act No. VI of Samvat 1977)

    An Act to amend the Law of Evidence with respect to Banker’s Books.

WHEREAS it is expedient to amend the Banker’s Books Evidence Act, it is hereby enacted as follows :––

1. Short title, extent and commencement.––(1) This Act, may be called the Banker’s Books Evidence Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Definitions.––In this Act, unless there is something repugnant in the subject or context,––

(1) “Company” means a company registered under any of the enactments relating to companies for the time being in force in the United Kingdom or in the State or in [the Indian Union] or incorporated by an Act of Parliament or of the Governor-General in Council or by Royal Charter or Letters Patent ;

(2) “Bank” and “bankers” mean––

(a) any company carrying on the business of bankers,

(b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided ;

(c) any Post Office Savings Bank or money-order office.

(3) “Banker books” include ledgers, day-books, cash-books accountbooks and all other books used in the ordinary business of a bank ;

(4) “Legal proceeding” means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration ;

(5) “The Court” means the person or persons before whom a legal proceeding is held or taken ;

(6) “Judge” means a Judge of the High Court ;

(7) “trial” means any hearing before the Court at which evidence is taken ; and

(8) “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 entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.