Functions of Notaries in India: Key Roles Explained

2024 0 Supreme(Guj) 1099

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....

2022 0 Supreme(Guj) 979

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....

2026 0 Supreme(Ker) 1

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....

2024 0 Supreme(HP) 7

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....

2017 Supreme(Online)(Cal) 24

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....

2025 Supreme(Online)(Ker) 42950

Section 14 of the Notaries Act. 7.

2023 0 Supreme(Guj) 725

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....

2022 0 Supreme(Guj) 1633

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. .......

2021 0 Supreme(Bom) 1405

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....

2019 0 Supreme(Guj) 1071

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....

2018 0 Supreme(Cal) 701

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.

2017 0 Supreme(Ori) 333

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.

2016 0 Supreme(Bom) 1763

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.