AI Overview...
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Affidavit Attestation by Notary Public - An affidavit attested by a Notary Public is generally considered valid and can be relied upon in court proceedings, including in High Courts, provided proper procedures are followed. However, the affidavit must be properly filled out, signed by the deponent, and attested with accurate particulars, including the attestant's address. Abdul Rashid Bhat VS Financial Commissioner - Jammu and Kashmir, United India Insurance Company Ltd. VS Arati Boro W/o Late Anil Chandra Boro - Gauhati, Sushil Choudhery VS Neeraj Basoya - Delhi
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Legal Requirements for Affidavit Attestation - The attesting officer (Notary or Oath Commissioner) must mention their address and ensure the affidavit is signed and filled correctly. Casual or incomplete attestation can lead to misconduct findings. The affidavit must contain the deponent's details and be properly endorsed. United India Insurance Company Ltd. VS Arati Boro W/o Late Anil Chandra Boro - Gauhati, NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - Karnataka, V. R. KAMATH VS DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION - Karnataka
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Foreign Notaries - Affidavits attested by foreign Notaries authorized under their country's laws are acceptable in court, provided they comply with legal standards. The court recognizes such affidavits as valid proof when properly verified. K. K. RAY (PRIVATE) LTD. VS STATE - Calcutta
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Limitations and Misconduct - Attestation without following legal procedures, such as missing signatures or incomplete particulars, can lead to the affidavit being rejected or deemed invalid. Notaries must follow prescribed procedures to avoid misconduct. Nishikant Arya VS Bihar State Agriculture Marketing Board - Patna, NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - Karnataka
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Advocate as Commissioner of Oaths - Advocates are generally not authorized to act as Commissioners of Oaths unless explicitly empowered, and their attestation may be challenged if they lack authority under specific rules. Mujeeb VS Kunhalikutty - Kerala
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Affidavit as Evidence - An affidavit attested by a Notary Public is considered equivalent to an oath and can serve as valid evidence, including for proof of age or other facts, provided it is properly executed and attested. K.C.CHACKU Vs EXE. ENGINEER, MINOR IRRIGATION - Kerala, Ram Kishan Dwivedi VS Rohni Prasad Tiwari - Current Civil Cases
Analysis and Conclusion:
An affidavit attested only by a Notary Public, without additional certification or proper procedure, can be considered valid and admissible in court, including High Court proceedings, if it complies with legal requirements such as proper signing, endorsement of details, and correct attestation procedures. Foreign Notaries' attestations are also accepted when duly authorized. However, casual or incomplete attestation by Notaries or advocates lacking proper authority can render the affidavit invalid. Proper procedure, including clear recording of attestant details and signatures, is essential to uphold the affidavit's authenticity and legal standing.
References: - Abdul Rashid Bhat VS Financial Commissioner - Jammu and Kashmir - United India Insurance Company Ltd. VS Arati Boro W/o Late Anil Chandra Boro - Gauhati - Sushil Choudhery VS Neeraj Basoya - Delhi - K. K. RAY (PRIVATE) LTD. VS STATE - Calcutta - NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - Karnataka - V. R. KAMATH VS DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION - Karnataka - Mujeeb VS Kunhalikutty - Kerala - Ram Kishan Dwivedi VS Rohni Prasad Tiwari - Current Civil Cases
Search Results for "Affidavit Attested only Oath Not Nottary"
2001 0 Supreme(Kar) 53 • India - Karnataka
V.G.SABHAHIT, R.V.RAVEENDRAN
of discrimination between affidavits attested by Notary Publics and Oath commissioners. ... or file a fresh affidavit duly attested within one month. ... or file a fresh affidavit duly attested within one month. ... It is contended that subjecting affidavits attested by Notary Publics to Stamp duty under article 36, while not subjecting affidavits atte....
2023 0 Supreme(J&K) 364 • India - Jammu and Kashmir
SANJAY DHAR
attested by a Notary. ... The court held that an affidavit attested by a Notary Public can be relied upon in proceedings before the High Court and overruled ... It also held that the affidavit attested by the Notary was permissible under the law and could be relied upon in the present proceedings ... instant case, the affidavit in support of the writ petition has been attested by Notary which is #....
2004 0 Supreme(Pat) 742 • India - Patna
R.S.GARG
Ratio Decidendi: The Court emphasized that an affidavit cannot be attested simply by placing it before a Notary Public, and ... Finding of the Court: The Court found that the Notary Public had attested the affidavits without following the legal ... were attested by a Notary Public without being signed by the deponents, leading to the Court issuing a notice for misconduct and ... It is to be seen from the legal position that an affidavit#....
2008 Supreme(Online)(KER) 12248 • India - High Court of Kerala
P.N.RAVINDRAN, J
Ratio Decidendi: The court held that an affidavit from a parent, if attested by a Notary, constitutes valid proof of date ... Issues: Whether the affidavit sworn by the petitioner's father satisfied the proof of age requirement for salary disbursement ... Final Decision: The court directed the respondents to accept the affidavit and pay the petitioner his due salary and benefits ... The respondents have not disputed the fact that the petitioner has produced the original of Ext.P13 #....
1967 0 Supreme(Cal) 50 • India - Calcutta
P.B.MUKHARJI
notary of a foreign country, who was authorised by the laws of his own country to administer Oath in the Country where the affidavit ... COMPANY - Winding up - Affidavit - Verification - Notary Public of a foreign country - Whether can be accepted in Court - Yes ... Finding of the Court: The Court held that the affidavit verifying the petition affirmed before a Notary Public of a ... The records of Edward the Confessor mention deeds attested by a #....
2021 0 Supreme(Gau) 521 • India - Gauhati
MALASRI NANDI
It is also necessary that the Attesting Officer should mention his address to show the place where the affidavit is attested. ... Finding of the Court: When a Notary/Oath Commissioner administers an oath/affirmation ... The prescribed procedure for attesting affidavits makes it clear that making of endorsements on the affidavit and recording the particulars ... The act should not be done in a casual or incomplete manner giving room for an impression....
2009 0 Supreme(Del) 1186 • India - Delhi
SHIV NARAYAN DHINGRA
Additionally, the court determined that the affidavit was properly filled and attested by the Notary Public. ... The court also decided that the affidavit was properly filled and attested by the Notary Public, and the nomination papers of the ... 2) Whether the nomination of respondent No.1 was not accompanied by the validly sworn affidavit and was, therefore, liable to be ... This affidavit was also attested by th....
1997 0 Supreme(Kar) 129 • India - Karnataka
R.V.RAVEENDRAN
and his signature in register-affidavit not containing such particulars can not be accepted. ... on affidavit by oath commissioner-it is mandatory that every affidavit must contain name and prescribed particulars of deponent ... Criminal Procedure, 1973-Section 297-Notaries Act, 1952-Section 8-Writ Proceedings Rules, 1977-Rule 2-Procedure for administration of oath ... An affidavit is not a mere typed format, to be signed and #HL_ST....
2016 0 Supreme(Ker) 713 • India - Kerala
K.VINOD CHANDRAN
Act and the Rules - Advocate not being a Commissioner of Oath and hence, not being competent to authenticate an affidavit under Form ... Conduct of Election Rules 1961 - Rule 94A - Election Rules - Authentication of Affidavit - Advocate authority ... particularly any other officer as Commissioner of Oaths, to act under R.94-A of the Election Rule - Commissioner of Oaths having not ... had attested the affidavit (para 21). ... Herein also an identical....
• India - Current Civil Cases
ARUN MISHRA, S.SHRIVASTAVA
who has signed the instrument as well as its to fact of execution—Authentication of notary is to be treated as equivalent to affidavit ... been attested by any witness—Nature of document indicates it to be a promissory not it could not be said to be a bond—Impugned order ... certain, it cannot be a promissory note, although can be a bond, if instrument is not attested by a witness, it cannot be a bond ... Counsel for respondent submitted that Notary ....
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