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  • Laws of Malaysia: Bankers' Books (Evidence) ACT 1949

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    This document is the Bankers' Books (Evidence) Act 1949 from Malaysia. It provides rules for using bankers' book entries as evidence in legal proceedings. The Act allows copies of entries to be admitted as prima facie evidence, and sets procedures for authenticating copies and protecting banks from unnecessary document production requirements. It also allows parties and courts to order book inspection in some cases.

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    Act 33

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    This document is the Bankers' Books (Evidence) Act 1949 from Malaysia. It provides rules for using bankers' book entries as evidence in legal proceedings. The Act allows copies of entries to be admitted as prima facie evidence, and sets procedures for authenticating copies and protecting banks from unnecessary document production requirements. It also allows parties and courts to order book inspection in some cases.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    24 views9 pages

    Laws of Malaysia: Bankers' Books (Evidence) ACT 1949

    Uploaded by

    lailaazhan
    This document is the Bankers' Books (Evidence) Act 1949 from Malaysia. It provides rules for using bankers' book entries as evidence in legal proceedings. The Act allows copies of entries to be admitted as prima facie evidence, and sets procedures for authenticating copies and protecting banks from unnecessary document production requirements. It also allows parties and courts to order book inspection in some cases.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 9

    033e.

    fm Page 1 Monday, March 27, 2006 2:53 PM

    LAWS OF MALAYSIA
    REPRINT

    Act 33

    BANKERS BOOKS (EVIDENCE) ACT 1949


    Incorporating all amendments up to 1 January 2006

    PUBLISHED BY THE COMMISSIONER OF LAW REVISION , MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD

    2006

    033e.fm Page 2 Monday, March 27, 2006 2:53 PM

    2 BANKERS BOOKS (EVIDENCE) ACT 1949 First enacted Revised 1949 (Ordinance No. 52 of 1949) 1971 (Act 33 w.e.f. 1 July 1971)

    PREVIOUS REPRINTS First Reprint Second Reprint 1993 1999

    PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006

    033e.fm Page 3 Monday, March 27, 2006 2:53 PM

    3 LAWS OF MALAYSIA Act 33 BANKERS BOOKS (EVIDENCE) ACT 1949


    ARRANGEMENT OF SECTIONS

    Section

    1. 2. 3. 4. 5. 6. 7. 8.

    Short title Interpretation Mode of proof of entries in bankers books Proof that book is a bankers book Verification of copy Case in which officer of bank not compellable to produce books, etc. Court or Judge may order inspection Costs

    033e.fm Page 4 Monday, March 27, 2006 2:53 PM

    033e.fm Page 5 Monday, March 27, 2006 2:53 PM

    5 LAWS OF MALAYSIA Act 33 BANKERS BOOKS (EVIDENCE) ACT 1949 An Act to provide for the law of evidence relating to bankers books. [Peninsular Malaysia1 December 1949, Ord. No. 52 of 1949; Sabah, Sarawak1 May 1971, P.U.(A)95/1971] Short title 1. This Act may be cited as the Bankers Books (Evidence) Act 1949. Interpretation 2. In this Act, unless the context otherwise requires

    bank and banker mean any company carrying on the business of banking in Malaysia incorporated by or under any written law in force in Malaysia and any company carrying on such business in Malaysia under a licence granted under any written law in force in Malaysia relating to banking, and also any Bank Simpanan Nasional established in Malaysia; bankers book includes any ledger, day book, cash book, account book and any other book used in the ordinary business of a bank; Court means the High Court and in connection with any proceedings before a Sessions Court includes such Court; legal proceeding means any civil or criminal proceeding or inquiry in which evidence is or may be given and includes an arbitration. Mode of proof of entries in bankers books 3. Subject to this Act, a copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence

    033e.fm Page 6 Monday, March 27, 2006 2:53 PM

    Laws of Malaysia

    A CT 33

    of such entry and of the matters, transactions and accounts therein recorded. Proof that book is a bankers book 4. (1) A copy of an entry in a bankers book shall not be received in evidence under this Act unless it is 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. (2) Such proof may be given by an officer of the bank, and may be given orally or by an affidavit sworn before any magistrate or person authorized to take affidavits. Verification of copy 5. (1) A copy of an entry in a bankers book shall not be received in evidence under this Act unless it is further proved that the copy has been examined with the original entry and is correct. (2) Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any magistrate or person authorized to take affidavits. Case in which officer of bank not compellable to produce books, etc. 6. An officer of a bank shall not, in any legal proceedings to which the bank is not a party, be compellable to produce any bankers book the contents of which can be proved under this Act or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a Judge made for special cause. Court or Judge may order inspection 7. (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

    033e.fm Page 7 Monday, March 27, 2006 2:53 PM

    Bankers Books (Evidence)

    and take copies of any entries in a bankers book for any of the purposes of such proceedings. (2) An order under this section may be made either on or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed unless the Court or Judge otherwise directs. Costs 8. (1) The costs of any application to the Court or a Judge under this Act, and the costs of anything done or to be done under an order of the Court or a Judge made under this Act, shall be in the discretion of the Court or Judge, who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any fault or delay on the part of the bank. (2) Any such order against a bank may be enforced as if the bank was a party to the proceeding.

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    8 LAWS OF MALAYSIA Act 33 BANKERS BOOKS (EVIDENCE) ACT 1949


    LIST OF AMENDMENTS

    Amending law

    Short title

    In force from

    P.U.(A)95/1971

    Bankers Books (Evidence) Ordinance (Extension) Order 1971

    01-05-1971

    033e.fm Page 9 Monday, March 27, 2006 2:53 PM

    9 LAWS OF MALAYSIA Act 33 BANKERS BOOKS (EVIDENCE) ACT 1949


    LIST OF SECTIONS AMENDED

    Section

    Amending authority

    In force from

    NIL

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