SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Raj) 2042

ARUN MISHRA, PRAKASH TATIA
State of Rajasthan – Appellant
Versus
Abdul Wahid Siddiki – Respondent


For the Appellant:R.L. Jangid, Additional Advocate General.
For the Respondent:Mahendra Singh Singhvi with Manish Patel, I.R. Chaudhary, Vikram Singh Chaudhary, C.R. Jhakhar, Manish Shishodia, R.S. Shekhawat, Ramandeep Singh and Ramesh Purohit, Advocates.

JUDGMENT

1. - The question involved in these intra-Court appeals is whether the State could have refused renewal of certificate of practice granted to the Notaries? More than 350 renewals have been refused at one stroke on the ground that new procedure for appointment of Notary has been prescribed by amending Rules 7, 7A and 7B of the Notaries Rules, 1956 (hereinafter referred to as "the Rules") in which interviews are also necessary. The Single Bench has quashed the decision of the State refusing to renew certificate of practice by identically worded orders in all cases. Consequently, the State has travelled to the Division Bench by way of filing these intra-Court appeals.

2. It is not in dispute that after following due procedure for appointment prevailing at the relevant time, Notaries were duly appointed. It is also not the case that their renewals have been refused on the ground that they have committed any mistake or have been found unfit otherwise. Five years' period for which they were appointed has expired. Consequently, they have applied for renewal under Section 5(2) of the Notaries Act, 1952 (hereinafter referred to as "the Act") read with Rule 8B, which was inserted in













































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top