Bankers' Books Evidence Act, 1977

(1) This Act may be called the Bankers' 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.

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 t'me 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 "banker" mean- (a) any company carry.ng 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) ally Post Office Savings Bank or ntoney-order office. (3) "Bankers' books" include ledgers, day-books, cash-books account-books and all othcr books used .n tlie ordhary business uf a bank ; (4) Legal proceeding" means any proceed ng or inquiry in which evidence is or may be given, and includes an arbitrat on ; (5) "The Court" means the person or persons belore whom a legal proceeding is held or taken ; (6) "Judge" means a Judge of the Nigh Court ; (7) "trial" means any hearing before theiCourt at which evidence is taken ; and (8) "Certified copy" means a copy of an) entry in the books of a bank together with a certificate written at thk 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 i@ the usual and ord'nary course of business, and that such book is still in the custody of the bank, such certificate being dated and sub9cribed by the principal accountant or manager of the bank with h's name and official title.

[The Government] may, from time to time, by notification in the' Jammu and Kasllnair Government Gazette, extend the provis'ons of this Act to the books of any partnership or individual carrying on the business of bankers within the territories und$r its administration, and keep'ng a set of not less than three ordinary Bccount books, namely, a cash-book a day-book, or journal, and a Fdger, and may in like manner rewind any such notification.

Subject to the provisions of this Act, a certified copy sf any entry in a banker's book shall in all legal proceedings be received as pr'mn facie evidence of the existence of such entry, and shall be admiped as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or othem'se.

No officer of a bank shall in any ;legall proceeding to which the bank is not a party be compellable to produee any banker's book the contents of which can be proved under this bct, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.

(1) 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 banker's book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order. certified copies of all such entries, accompanied by a further certificate that no other entiies are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies. (2) An order under this or the preceding section may be made either with or without st~mmoning the bank, and shall be served on the bank three clear days (exclusive of bank hdidays) before the same is to be obeyed, unless the Court or Judge shall otherwise direct. (3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order and thereupon the same shall not be enforced without further order.

(1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs c,f anything done or to be dune under all order of the Court or a Judge rnade under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank. (2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the (3) Any order under this section awarding costs may, on application to any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money passed by itself : Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge m~kinq the order may possess for the enforcement of its or his directions with respect to the payment of costs.