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IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Pravat Kumar Pradhan – Appellant
Versus
Govt. of Odisha – Respondent
| Table of Content |
|---|
| 1. prayers made under respective writ petitions. (Para 1 , 2) |
| 2. background facts concerning the notary's registration and misconduct allegations. (Para 3 , 4 , 5) |
| 3. details of complaints and responses regarding alleged professional misconduct. (Para 6 , 7 , 8 , 9 , 10) |
| 4. observations on inquiries and authenticity of documents in question. (Para 11 , 12 , 13) |
| 5. judicial reasoning on professional misconduct and legal authority of the notary. (Para 14 , 15 , 16 , 17) |
| 6. conclusion restoring notary's position, setting aside previous orders. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
BISWANATH RATH, J.
1. W.P.(C) NO.10000 of 2019 involves the following prayer:-
“It is therefore, prayed that your Lordships may graciously be pleased to admit this writ application and to issue Rule NISI calling upon the opposite parties to show cause as to why the impugned orders under Annexure-1 and 2d being illegal and arbitrary shall not be quashed and if the said opp. Parties fail to show cause or show insufficient cause, make the said rule absolute.
And further the operation of the impugned order under Annexure-1 and 2 be stayed till the disposal of the writ application.
And pass any other orders/di
The Notary's attestation of invalid documents amounts to gross misconduct under the Notaries Act, but improper procedures rendered cancellation of his practice illegal.
The main legal point established in the judgment is the requirement for the government to form an independent opinion on the professional or other misconduct of a notary public before imposing any pu....
No cognizance can be taken against the present applicant in terms of Section 13 of the Notaries Act, 1952. It is apparent from the provisions of Section 13 of the Notaries Act that if the offence is ....
The Notary's failure to verify the identity of the deponent during notarization constitutes professional misconduct, negating protections under the Notaries Act.
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