The question (10 marks)
How may a bank's records be proved in a legal proceeding, and how does the Bankers' Books Evidence Act 1891 relate to the banker's duty of secrecy? (10 marks)
MU Module 3, head 3.4; pack chapters on secrecy and on SEBI, FEMA, SARFAESI and the Bankers' Books Evidence Act.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · SEBI, FEMA, SARFAESI and the Bankers’ Books Evidence Act of Law of Banking and Negotiable Instruments.
Authorities you will need
- Bankers' Books Evidence Act 1891, ss. 2, 3, 4, 5, 6, 7
- State Bank of India v. Yumnam Gouramani Singh
- Tournier v. National Provincial and Union Bank of England
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.