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2011 Supreme(Raj) 112

M.N.BHANDARI
Arvind Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
M.M. Ranjan with N.D. Sharma, for Petitioner;
S.N. Kumawat, Addl. Advocate General;
Mahesh Gupta, for Respondents No. 2

Hon'ble BHANDARI, J.—By this writ petition, a challenge has been made to the order dated 20.8.2008 whereby petitioner's registration as Notary Public was canceled.

2. It is case where the petitioner approached Civil Court apprehending cancellation of his registration as Notary. Injunction application under Order 39 Rule 1 and 2 of CPC was not dismissed as the order dated 20.8.2008 was not challenged. This is precisely for the reason that the Civil Court was approached earlier to the passing of the order dated 20.8.2008, accordingly, petitioner withdrew the Civil suit and preferred this writ petitioner.

3. The counsel for the petitioner submits that if the provisions of Notaries Act of 1952 (in short the Act of 1952) and Notary Rules of 1956 (hereinafter referred as the Rules of 1956) are looked into, the petitioner was authorized to prepare "Moka" report and reduce it in writing. Referring to Rule 11 of Rules 1956, it is submitted that Notary can draw, attest or certify a document under his official seal which includes conveyance of properties. Similarly, he can note and certify general transactions relating to negotiable instruments. He can prepare a will or other testamentary docum














































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