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1991 Supreme(Ker) 300

G.VISWANATHA.IYER, JAGANNADHA RAO
State of Kerala – Appellant
Versus
Jacob Zacharia – Respondent


Judgment :-

Jagannadha Rao, CJ.

The interesting point arising in these batch of appeals is whether a person registered as a Notary under the Notaries Act, 1952 has an automatic right of renewal under S.5(2) of the Act. In all the cases before us the Law Secretary has informed the various applicants that he is directed to inform them that their applications for renewal are rejected since the Government has taken a decision not to give more than two renewals to any Notary. The writ petitioners were also informed by the Law Secretary that they could apply afresh. Questioning the various orders the Notaries filed the writ petitions. The learned single judge considered the position of Notaries in England and India in a very elaborate judgment and also considered the various provisions in the Act and Rules including the provisions of the Negotiable Instruments Act containing references to the Notary public. The learned judge then considered Section 5(2) of the Act and observed as follows:

"The scheme of the enactment and the rules abundantly makes it clear that the greatest scrutiny is made at the time of the initial entry. Once enrolled, continuation is almost automatic. Application for r






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