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  "title": "Bankers' Books Evidence Act, 1891",
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  "text": "Page 1 of 4 \r\n \r\n  \r\n \r\n \r\nTHE BANKERS’ BOOKS EVIDENCE ACT, 1891 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Title and extent \r\n2. Definitions \r\n3. Power to extend provisions of Act \r\n4. Mode of proof of entries bankers’ books \r\n5. Case in which officer of bank not compellable to produce books \r\n6. Inspection of books by order of Court or Judge \r\n7. Costs \r\n \r\n\r\n \r\nPage 2 of 4 \r\n \r\nTHE BANKERS’ BOOKS EVIDENCE ACT, 1891 \r\nlACT No. XVIII OF 1891 \r\n[1st October, 1891] \r\nAn Act to amend the Law of Evidence with respect to Bankers’ Books. \r\n WHEREAS it is expedient to amend the Law of Evidence with respect to Bankers’ Books; It \r\nis hereby enacted as follows:- \r\n 1. Title and extent.___ (1) This Act may be called the Bankers’ Books Evidence, 1891. \r\n 2[(2) It extends to the whole of Pakistan]; 2* \r\n 3[*  *  *  *  *  *  *] \r\n 2. Definitions. In this Act, unless there is something repugnant in the subject or context, – \r\n4[(1)  “company” means a company registered under any of the enactments relating \r\nto companies for the time being in force in any part of His Majesty ’s \r\ndominions or incorporated b y an Act of Parliament 5[of the United Kingdom] \r\nor by an 6[Pakistan] law or by Royal Charter or by Letters Patent:] \r\n(2)  “bank” and “banker” mean– \r\n(a)  any company carrying on the business of bankers, \r\n(b)  any partnership or individual to whose books the p rovisions of this Act \r\nshall have been extended as hereinafter provided, \r\n7[(c)  any post office savings bank or money order office:] \r\n \r\n \r\n1For Statement of Objects and Reasons, see Gazette of India, 1891, Pt. v, P. 24: for report of the Select Committee, see ibid., p. \r\n189, and for Proceedings in Council, see ibid., Pt. VI, pp. 15,25,117,135 and 140. \r\nThe Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). \r\nIt has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G .O. 3 of 1950); and applied in the \r\nFederated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nThe Act and the rules, notifications and orders made thereunder, have been applied to the whole of the Federally Administered \r\nTribal Areas or to the parts of those Areas to which they do not already apply, by Regulation No.I of 1975, s. 2 and the Schedule. \r\nThe Act and the rules, notifications and orders made thereunder, as in force in N.W.F.P. before the 15th July, 1975, have been applied to the Districts of \r\nChitral, Dir and Swat and Malakand Protected Areas of the N.W.F.P. by Reg. No. III of 1975, s. 2 and Sch. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (with effect from the 14th October, 1955), for the \r\noriginal sub-section (2) as amended by A. O., 1949, Arts. 3 (2) and 4. \r\n3The word “and” at the end of sub-section (2), and sub-section (3) rep. by the Repealing and Amending Act, 1914 (10 of 1914). \r\n4Subs. by A. O., 1937, for previous definition which had been subs., for original definition by the Bankers’ Books Evidence Act, 1900 (12 of \r\n1900). \r\n5lns. by A, O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). \r\n6Subs. by A. O., 1949, Sch., for “India”. \r\n7Cl. (c) was added by s. 2 of the Bankers’ Books Evidence Act, 1893 (1 of 1893). \r\n \r\n \r\nPage 3 of 4 \r\n \r\n \r\n(3)  “bankers’ books” include ledgers, day-books, cash-books, account-books and \r\nall other books used in the ordinary business of a bank: \r\n(4)  “legal proceeding” means any proceeding or inquiry in which evidence is or \r\nmay be given, and includes an arbitration: \r\n(5)  “the Court” means the person or persons before whom a legal proceeding is \r\nheld or taken: \r\n(6)  “Judge” means a Judge of a High Court: \r\n(7)  “trial” means any hearing before the Court at which evidence is taken: and \r\n(8)  “certified copy” means a copy of any entry in the books of a bank together \r\nwith a certificate written at the foot of such copy that it is a true copy of such \r\nentry, that such entry is contained in one of the ordinary books of the bank and \r\nwas made in the usual and ordinary course of business, and that such book is \r\nstill in the custody of the bank, such certificate being dated and subscribed by \r\nthe principal accountant or manager of the bank with his name and official \r\ntitle. \r\n 3. Power to extend provisions of Act. The l[provincial Government] may, from time to time, \r\nby notification in the official Gazette, extend the provisions of the Act to the books of any \r\npartnership or individual carrying on the business of bankers within the territories under its ad-\r\nministration, and keeping a set of not less than three ordinary account books , namely, a cash-book, a \r\nday-book or journal, and a ledger, and may in like manner rescind any such notification. \r\n 4. Mode of proof of entries bankers’ books. Subject to the provisions of this Act a certified \r\ncopy of any entry in a banker’s book shall in all legal proceedings be received as prima facie \r\nevidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions \r\nand accounts therein recorded in every case where, and to the same extent as, the original entry itself \r\nis now by law admissible, but not further or otherwise. \r\n 5. Case in which officer of bank not compellable to produce books. No officer of a bank \r\nshall in any legal proceeding to which the bank is not a party be compellable to produce any banker’s \r\nbook the contents of which can be proved under this Act, or to appear as a witness to prove the \r\nmatters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for \r\nspecial cause. \r\n 6. Inspection of books by order of Court or Judge.–(1) On the application of any party to a \r\nlegal proceeding the Court or a Judge may order that such party be at liberty to inspect and take \r\ncopies of any entries in a banker’s book for any of the purposes of such proceeding, or may order the \r\nbank to prepare and produce, within a time to be specified in the order certified copies of all such \r\nentries, accompanied by a further certificate that no other entries are to be found in the books of the \r\nbank relevant to the matters in issue in such proceeding, and such further certificate shall be dated \r\nand subscribed in manner hereinbefore directed in reference to certified copies. \r\n \r\n1Subs. by A. O., 1937, for “L. G.”. \r\n \r\nPage 4 of 4 \r\n \r\n (2) An order under this or the preceding section may be made either with or without \r\nsummoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) \r\nbefore the same is to be obeyed, unless the Court or Judge shall otherwise direct. \r\n (3) The bank may at any time before the time limited for obedience to any such order as \r\naforesaid either offer to produce their books at the trial or give notice of their intention to show cause \r\nagainst such order, and thereupon the same shall not be enforced without further order. \r\n 7. Costs.  (1) The costs of any application to the Court or a Judge under or for the purposes of \r\nthis Act and the costs of anything done or to be done under an order of the Court or a Judge made \r\nunder or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further \r\norder such costs or any part thereof to be paid to any party by the bank if they have been incurred in \r\nconsequence of any fault or improper delay on the part of the bank. \r\n (2) Any order made under this section for the payment of costs to or by a bank may be \r\nenforced as if the bank were a party, to the proceeding. \r\n (3) Any order under this section awarding costs may, on application to any Court of Civil \r\nJudicature designated in the order, be executed by such Court as if the order were a decree for money \r\npassed by itself: \r\n Provided that nothing in this sub-section shall be construed to derogate from any power \r\nwhich the Court or Judge making the order may possess for the enforcement of its or his directions \r\nwith respect to the payment of costs. \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 05-09-2024",
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