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october 1966

Supreme Court of India · 1966-10-14

CHANDRADHAR GOSWAMI & ORS. vs THE GAUHATI BANK LTD.

Citation / case number
SC 1964/90527
Court
Supreme Court of India
Petitioner
CHANDRADHAR GOSWAMI & ORS.
Respondent
THE GAUHATI BANK LTD.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 34 of the Indian Evidence Act, 1872, a mere entry in the bank's account books is insufficient to establish liability for a loan without independent evidence. The Court clarified that while Section 4 of the Bankers' Books Evidence Act, 1891 allows certified copies of bank accounts to be prima facie evidence, they cannot alone impose liability. The suit was deemed within time for the mortgage liability under Article 138 of the Limitation Act, but the personal liability claim was barred by time under Article 116.

CHANDRADHAR GOSWAMI & ORS. vs THE GAUHATI BANK LTD. · Niyam