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The appointment and removal of Notaries are governed by the Act and involve official procedures, including scrutiny of professional conduct, but their primary function remains the performance of recognized notarial acts ["Govind Bhasker vs The State of Telangana - Telangana"], ["LEE v. CHANDRAWARNAM"].
Analysis and Conclusion:
References:- ["Mrugesh Vinodchandra Shah VS State of Gujarat - Gujarat"]- ["Ramnikbhai Vallabhbhai Sojitra VS State of Gujarat - Gujarat"]- ["JEETENDRASINH JORAVARSINH GOHIL VS STATE OF GUJARAT - Gujarat"]- ["Manojbhai Gangaram Patel VS State of Gujarat - Gujarat"]- ["Malu K. W/o Prabhakaran vs State of Kerala - Kerala"]- ["GUNERIS v. KARUNARATNE"]- ["REX v. SEENYTAMBY"]- ["WIJEYSURIYA v. DALPADATU"]- ["Govind Bhasker vs The State of Telangana - Telangana"]
In today's fast-paced legal and commercial world, notaries play a crucial role in ensuring the authenticity and reliability of documents and transactions. Whether you're a business owner drafting international agreements, an individual preparing affidavits, or a lawyer handling property deals, understanding what are the functions of notaries can save time, prevent disputes, and uphold legal validity. Governed primarily by the Notaries Act, 1952, and the Notaries Rules, 1956, notaries in India perform a wide array of authentication and certification tasks. This blog post dives deep into their responsibilities, backed by legal provisions and judicial interpretations.
A notary public is a qualified legal practitioner appointed by the government to act as an impartial witness and authenticator. Their seal and signature lend evidentiary weight to documents, making them admissible in courts and accepted by authorities both in India and abroad. As per the Indian Notaries Act, 1952, notaries are empowered to handle diverse acts that go beyond simple witnessing. OM PRAKASH JAIN VS UNION OF INDIA - 1993 0 Supreme(Del) 9
Historically, notaries in India derived authority from institutions like the Master of Faculties in England, but the 1952 Act shifted control to Indian governments for better regulation. Jaldhi Overseas PTE. Ltd. v. Bhushan Power & Steel Limited - 2017 Supreme(Online)(Cal) 24
The functions of notaries encompass verifying, authenticating, certifying, or attesting documents and facts. Here's a breakdown of their primary roles:
These acts are authenticated by the notary's signature and official seal, as outlined in manuals like the Singapore Notaries Public Manual, which influences Indian practices: a notarial act includes the act of a notary public, authenticated by his signature and official seal, certifying the due execution in his presence of a deed, contract or other writing or verifying some fact or thing done. State of West Bengal VS Subhas Kumar Chatterjee - 2010 6 Supreme 369
The Notaries Act, 1952, and Notaries Rules, 1956, form the backbone. Section 8 explicitly lists functions, while Rule 11 mandates maintaining a register for each act, ensuring transparency and accountability. Estate Of Late Rangalal Jajodia VS Commissioner Of Income-tax, Madras - 1970 0 Supreme(SC) 468
Appointments follow strict rules, such as Rules 4, 7-A, and 8. Courts have quashed irregular appointments, emphasizing adherence: the appointment of respondent no.3 was without justifiable reason and in contravention of the established rules and procedure. Deelip Suryabhan Peste VS State of Maharashtra - 2021 Supreme(Bom) 1405
For foreign notarial acts, Section 14 requires proof of reciprocity. Without government notification, presumptions under Section 85 of the Evidence Act don't apply: recognition of foreign notarial acts requires proof of reciprocity under the Notaries Act; without it, presumption of due execution under the Evidence Act does not apply. Margret @ Thankam W/o Late Joseph Edmund vs Joseph Mathew Chettupuzha S/o Late Joseph Edmund - 2025 Supreme(Online)(Ker) 42950
Section 57 of the Evidence Act mandates judicial notice of notary seals, even from abroad, aiding validations like powers of attorney from China. Zhejiang Medicines And Health Products Import And Export Co. Ltd. VS Devanshi Impex Pvt. Ltd. - 2016 Supreme(Bom) 1763
Courts have reinforced notaries' evidentiary role. The Punjab High Court stressed proper verification for notarized copies to hold value: notarization involves authentication and certification. Prataprai Trumbaklal Mehta VS Jayant Nemchand Shah & another - 1991 0 Supreme(Bom) 263
In criminal contexts, Section 13 protects notaries from hasty prosecutions. FIRs for alleged false attestations were quashed where no prior complaint existed: no cognizance can be taken against the present applicant in terms of Section 13 of the Notaries Act, 1952. Nayanbhai Ramchandra Desai VS State of Gujarat - 2022 Supreme(Guj) 1633Dalip Singh Thakur VS State of H. P. - 2024 Supreme(HP) 7
Notaries authenticate documents presumed genuine absent contrary evidence: Documents duly notarized by the Notaries are accepted to be genuine documents in absence of any other material. Ramakanta Nayak VS Itishree Mohapatra - 2017 Supreme(Ori) 333
In probate matters, notaries aid will executions, where thumb impressions or signatures are verified per Section 63 of the Indian Succession Act. Section 8(1)(ix) allows verifying instrument executions, removing suspicions if formalities are met. In Goods of : Budhmal Kulthia and Sampat Devi Kulthia VS Sudha Soni - 2018 Supreme(Cal) 701
Disciplinary actions under Rule 13(12)(b) permit certificate cancellation for misconduct, balancing public trust. State of Gujarat VS Karimbhai Dadamiya Pirzada - 2019 Supreme(Guj) 1071
Not all acts are unlimited. Swearing affidavits or oaths may have distinctions, and foreign documents need reciprocity proof. State of West Bengal VS Subhas Kumar Chatterjee - 2010 6 Supreme 369NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - 2001 0 Supreme(Kar) 53
Notaries must avoid overreach; misuse invites penalties like suspension or debarment. Inquiries can lead to cancel his certificate of practice and perpetually debar him from practicing notary. Deelip Suryabhan Peste VS State of Maharashtra - 2021 Supreme(Bom) 1405
Recommendations:- Always use authorized notaries with valid certificates.- Ensure documents include proper seals, signatures, and register entries.- For international use, verify reciprocity under Section 14.- Legal practitioners: Comply strictly to maintain evidentiary value. Estate Of Late Rangalal Jajodia VS Commissioner Of Income-tax, Madras - 1970 0 Supreme(SC) 468
Notaries are vital for legal authenticity in India, performing functions from document attestation to oath administration under the Notaries Act, 1952. Their acts carry significant weight but demand procedural rigor, as upheld by courts. While this provides general insights, consult a qualified lawyer for specific advice, as laws may evolve and cases vary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always seek professional counsel tailored to your situation.
References: OM PRAKASH JAIN VS UNION OF INDIA - 1993 0 Supreme(Del) 9State of West Bengal VS Subhas Kumar Chatterjee - 2010 6 Supreme 369Prataprai Trumbaklal Mehta VS Jayant Nemchand Shah & another - 1991 0 Supreme(Bom) 263NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - 2001 0 Supreme(Kar) 53Dalip Singh Thakur VS State of H. P. - 2024 Supreme(HP) 7Jaldhi Overseas PTE. Ltd. v. Bhushan Power & Steel Limited - 2017 Supreme(Online)(Cal) 24Margret @ Thankam W/o Late Joseph Edmund vs Joseph Mathew Chettupuzha S/o Late Joseph Edmund - 2025 Supreme(Online)(Ker) 42950Nayanbhai Ramchandra Desai VS State of Gujarat - 2022 Supreme(Guj) 1633Deelip Suryabhan Peste VS State of Maharashtra - 2021 Supreme(Bom) 1405State of Gujarat VS Karimbhai Dadamiya Pirzada - 2019 Supreme(Guj) 1071In Goods of : Budhmal Kulthia and Sampat Devi Kulthia VS Sudha Soni - 2018 Supreme(Cal) 701Ramakanta Nayak VS Itishree Mohapatra - 2017 Supreme(Ori) 333Zhejiang Medicines And Health Products Import And Export Co. Ltd. VS Devanshi Impex Pvt. Ltd. - 2016 Supreme(Bom) 1763
#NotariesIndia, #NotaryFunctions, #NotariesAct
Referring to the case records, it was submitted that the Court is barred from taking cognizance of any offence committed by a Notary in exercise of its function of Notaries Act. ... He failed to discharge his function as a Notary Advocate and the allegations made against him would not fall within the four corners of the statutory frame work and therefore, the protection as sought under Section 13 of the Notaries Act shall not be available to him. ... It is apparent from bar perusal of the section that the Court is barred....
Section 13 of the Act refers to an offence committed by the notary or purported to have exercised the function under the Notaries Act. The word ‘purported’ covered the act alleged to be mala-fide made / done or purported to be made. ... and therefore, there was no requirement of having any sanction as contemplated under the provisions of Section 13 of the Notaries Act. ... It is alleged by the complainant herein that the offence committed by the applicant herein was not in discharge of his function as a public Notary, an....
It is also admitted that the alleged consent letter was attested by the petitioner in discharge of his function as a notary public. Section 13 of the Notaries Act reads as follows. ... According to the learned Counsel for the petitioner, the petitioner being a notary public for taking cognizance of any offence committed by him, the mandate of Section 13 (i) of the Notaries Act is to ... From the above provision it is clear that for taking cognizance of any offence committed by a notary in exercise of his functions under the Not....
From the perusal of the aforesaid provision, it is evident that a special procedure has been contemplated by virtue of the said provision and it provides that the cognizance of any offence committed by a Notary in exercise or purported exercise of his function under the Notaries Act can be instituted ... Section 13 of the Notaries Act reads as under: 13. ... The cognizance against the petitioner was barred under Section 13 of the Notaries Act, 1952. ... Admittedly these two petitioners were advocates/notaries#H....
The Master of Faculties in England used to appoint Notaries Public in India for performing all recognised notarial functions, but it was not appropriate that persons in this country who wish to function as notaries should derive their authority from an institution in the United Kingdom. ... The Singapore Academy of Law publishes a "Notaries Public Manual" for advocate and solicitor. The said manual is intended for the guidance of all notaries public. The said manual gives background and history of #HL_S....
Section 14 of the Notaries Act. 7.
Section 8 of the Notaries Act enumerates the functions of Notaries. Sub-Section (1) (e) of Section 8 of the Notaries Act empowers the Notary to administer oath to, or take affidavit from any person. It is under these provision that the present Applicant has Notarized the Affidavits in question. ... Thus, the act on part of the present Applicant falls under the provisions under Section 8 of the Notaries Act and is thus an exercise of his functions under the Notaries Act. Section 13 of the Notary Act read....
Jayasundere, the daybook clerk of the Registrar's office, Negombo, who speaks of the practice among notaries as to searches in the Registrar's office. He says that the register of seizures is not searched by notaries. ... - I entertain some doubt as to whether rule 16 under section 29 of the Notaries Ordinance, No. 1 of 1907, whatever its intention might be, has effectively imposed on notaries the duty of searching the register of seizures. ... -The defendant was not bound to search for registrations of seizures unde....
It makes special provision regarding registered Notaries in Gujarat. ... The Notaries Act, 1952 came into force, with the object to empower the Central and State Government to appoint Notaries, not only for the limited purposes of the negotiable Instruments Act, but generally for all recognized notarial purposes and to regulate the profession of such Notaries. ... Here in this case, no cognizance can be taken against the present applicant in terms of Section 13 of the Notaries Act, 1952. ... Section 8 o....
I have no doubt that the accused has followed a practice which, although it is directly opposed to the requirements of the Notaries Ordinance, has been in vogue among notaries all over the Island. The rule requiring notaries to stamp deeds before they are executed by the parties is not observed. ... It was urged on behalf of the accused that he had followed a practice in vogue among notaries of not observing the rule which requires notaries to stamp deeds before they are executed by the parties. .......
In an inquiry, if the acts and omissions complained of against the notaries are proved, the Government may cancel his certificate of practice and perpetually debar him from practicing notary, or suspend his certificate of practice, or warn him. To interpret whether the word shall found in rule 8, is mandatory or directory, in view of the law laid down by the Honble Apex Court in Sainik Motors and Babu Ram Upadhaya ( supra), the context in which it is used and the intention of the notaries act, is to be seen. The preamble of the Notaries Act, 1952, is " An Act to regulate the profes....
It is no doubt true that a notary is appointed under the Act and his name can be removed by the Government from the Register of notaries, the fact remains that the functions performed by him are such as do not relate to activities which fall directly within the sphere of the Union or the State. The essential function of a notary is to bestow an impress of authenticity upon certain acts performed by him under the Act and in order to afford facility to the general public for securing such authenticity, notaries are appointed. Such a facility can be availed of by the general p....
There can be no reason to be swayed by any suspicious circumstances. However, Section 8 of the Notaries Act, 1952 describes about the functions of Notaries which says various instances what the Notary can do. Sub-section (1) of Section 8 clause (ix) says that a Notary can verify, authenticate, certify or attest the execution of any instrument. I find the Notary has struck off the word 'signature' and put 'LTI' in his own handwriting and because of this even if there was any suspicion that suspicion has been removed.
Notaries are appointed for authentication of certificates/documents. Certificates duly authenticated by the Notaries are presented before different authorities for various purposes. Documents duly notarized by the Notaries are accepted to be genuine documents in absence of any other material.
7. We also need to consider the effect of Section 57 of the Evidence Act, which requires the Court to take judicial notice of all seals of Notaries Public. Once again, these Notaries Public include Notaries operating in other countries as well and are not confined to Notaries under the Notaries Act, 1952.
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