Here are the notes on the costs of application as per the Bankers’ Books Evidence Act, 1891:
- Section 7 of the Bankers’ Books Evidence Act deals with the costs of application and things done under an order of the court or judge made under the Act.
- The costs of any application to the court or judge under or for the purposes of the Act and the costs of anything done or to be done under an order of the court or judge made under or for the purposes of the Act shall be in the discretion of the court or judge.
- The court or judge 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.
Mcqs:
- Who decides the costs of application under the Bankers’ Books Evidence Act?
- The court or judge
- Can the court or judge order the bank to pay the costs of application?
- Yes, if the costs have been incurred in consequence of any fault or improper delay on the part of the bank.
- Can the costs of application be enforced as if the bank were a party to the proceeding?
- Yes, under Section 7(2) of the Act.
- Can an order under Section 7 awarding costs be executed as if it were a decree for money passed by itself?
- Yes, under Section 7(3) of the Act.
Answers:
- The court or judge decides the costs of application under the Bankers’ Books Evidence Act.
- Yes, the court or judge can order the bank to pay the costs of application if the costs have been incurred in consequence of any fault or improper delay on the part of the bank.
- Yes, the costs of application can be enforced as if the bank were a party to the proceeding. This means that the bank can be sued for the costs if they do not pay them voluntarily.
- Yes, an order under Section 7 awarding costs can be executed as if it were a decree for money passed by itself. This means that the court can use its enforcement powers, such as attaching the bank’s assets, to collect the costs.