Lawgist45FDocuments of banking company to be evidence
1[45F. Documents of banking company to be evidence.--(1) Entries in the books of account or other documents of a banking company which is being wound up shall be admitted in evidence in all 2[legal proceedings]; and all such entries may be proved either by the production of the books of account or other documents of the banking company containing such entries or by the production of a copy of the entries, certified by the official liquidator under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the books of account or other documents of the banking company in his possession.
(2) Notwithstanding anything to the contrary contained in the Indian Evidence Act, 1872 (1 of 1872) all such entries in the books of account or other documents of a banking company shall, as against the directors 3[officers and other employees] of the banking company in respect of which the winding up order has been made 4***, be prima facie evidence of the truth of all matters purporting to be therein recorded.]
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1. Subs. by Act 52 of 1953, s. 10, for Part IIIA (w.e.f. 30-12-1953).
2. Subs. by Act 55 of 1963, s. 22, for "proceedings by or against the banking company" (w.e.f. 1-2-1964).
3. Ins. by s. 22, ibid. (w.e.f. 1-2-1964).
4. The words, brackets and figures "before the commencement of the Banking Companies (Amendment) Act, 1953" omitted by s. 22, ibid. (w.e.f. 1-2-1964).
- 45A Part IIIA to override other laws
- 45B Power of High Court to decide all claims in respect of banking companies
- 45C Transfer of pending proceedings
- 45D Settlement of list of debtors
- 45E Special provisions to make calls on contributories
- 45F Documents of banking company to be evidence
- 45G Public examination of directors and auditors
- 45H Special provisions for assessing damages against delinquent directors, et
- 45-I Duty of directors and officers of banking company to assist in the realisation of property
- 45J Special provisions for punishing offences in relation to banking companies being wound up
- 45K Omitted
- 45L Public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangemen
- 45M Special provisions for banking companies working under schemes of arrangement at the commencement of the Amendment Act
- 45N Appeals
- 45-O Special period of limitatio
- 45P Reserve Bank to tender advice in winding up proceeding
- 45Q Power to Inspec
- 45R Power to call for returns and informatio
- 45S Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking charge of property of banking company being wound up
- 45T Enforcement of orders and decisions of High Court
- 45U Power of High Court to make rules
- 45V References to directors, etc., shall be construed as including references to past directors, etc
- 45W Part II not to apply to banking companies being wound u
- 45X Validation of certain proceedings
