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2013 Supreme(J&K) 242

MUZAFFAR HUSSAIN ATTAR
Krishan Chand – Appellant
Versus
State of J. & K. & Others – Respondent


Advocates Appeared:
For the Petitioner:P.N. Raina, Sr. Advocate, J.A. Hamal, Advocate.
For the Respondents: Gagan Basotra, Sr. AAG.

1. This case projects a classical example of “poverty’s powerlessness.”

2. The petitioner is an Advocate and is above seventy years of age. He in essence is a non-practicing/non-professional Advocate. In order to earn livelihood, he applied to the competent authority for grant of “certificate of practice” as Notary under the Notaries Act, 1952 (for short the Act of 1952) and the Notaries Rules, 1956 (for short the Rules of 1956). The competent authority, after considering the application of the petitioner and after entering into satisfaction in accordance with the Act of 1952 and the Rules of 1956, issued the “certificate of practice” in favour of the petitioner on 14th day of January, 1993. Since nothing adverse was brought to the notice of the competent authority against the petitioner, “certificate of practice” was renewed in terms of Section 5(2) of the Act of 1952 at regular intervals.

3. Petitioner was working as Notary in the office premises of Deputy Commissioner, Jammu. It is stated at the Bar that office of the Custodian, Evacuee Property is also located at a short distance from the office of the Deputy Commissioner, Jammu. Petitioner, who was earning his livelihood by prac
















































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