AI Overview...
Summary of Main Points on Duty of Oath Commissioners and Notaries
1. Authority to Administer Oaths and Take Affidavits
- Oath Commissioners and Notaries are authorized, by virtue of their office under the Notaries Act, 1952, to administer oaths and take affidavits from persons Mangal Singh VS State of Rajasthan - Rajasthan, FATEH SINGH VS BADAN SINGH - Allahabad, Mangal Singh VS State of Rajasthan - Rajasthan.
- Section 3 of the Indian Oaths Act and Section 8 of the Notaries Act explicitly empower these officials to administer oaths and attest affidavits FATEH SINGH VS BADAN SINGH - Allahabad.
2. Stamp Duty and Notarial Acts
- Affidavits sworn before Notaries are considered 'notarial acts' and are exempt from stamp duty under certain conditions Mangal Singh VS State of Rajasthan - Rajasthan, Mangal Singh VS State of Rajasthan - Rajasthan.
- The Indian Stamp Act, 1899, and relevant court decisions clarify that affidavits sworn before Notaries do not require additional stamp duty Mangal Singh VS State of Rajasthan - Rajasthan, ALAN KAYE VS RECOVERY OFFICER, EMPLOYEES PROVIDENT Fund ORGANISATION, WEST BENGAL - Calcutta.
- The act of administering an oath by a Notary or Oath Commissioner is a recognized notarial act, which may be exempt from stamp duty Mangal Singh VS State of Rajasthan - Rajasthan.
3. Functions and Procedures
- Notaries and Oath Commissioners are required to follow specific procedures and rules, including submission of quarterly reports and adherence to rules under the Notaries Rules, 1956 V. R. KAMATH VS DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION - Karnataka, United India Insurance Company Ltd. VS Arati Boro W/o Late Anil Chandra Boro - Gauhati.
- They must possess sound knowledge of relevant laws, including the Notaries Act, Oaths Act, stamp-duty laws, and document procedures ASHOK KUMAR CHOWDHARY VS STATE OF MADHYA PRADESH - Madhya Pradesh, Ashok Kumar Chowdhary VS State of M. P. - Madhya Pradesh.
4. Legal and Court Interpretations
- Courts have distinguished between affidavits sworn before Magistrates and those sworn before Notaries, emphasizing that Notaries act under specific statutory authority Mangal Singh VS State of Rajasthan - Rajasthan.
- The power to administer oaths is limited to those appointed under the relevant Acts, and courts recognize affidavits sworn before Notaries as valid and not requiring additional stamp duty FATEH SINGH VS BADAN SINGH - Allahabad.
5. Appointment and Qualifications
- The appointment of Notaries involves a formal process including verification of legal knowledge and adherence to rules regarding conveyance, stamp-duty, and documents ASHOK KUMAR CHOWDHARY VS STATE OF MADHYA PRADESH - Madhya Pradesh.
- Arbitrary or non-compliant appointments are challenged under constitutional provisions, emphasizing the need for proper qualification and adherence to legal procedures Ashok Kumar Chowdhary VS State of M. P. - Madhya Pradesh.
Analysis and Conclusion
- The primary duty of Oath Commissioners and Notaries under the Notaries Act, 1952, is to administer oaths and attest affidavits, functioning as authorized officials within the legal framework.
- Their acts, especially affidavits sworn before them, are recognized as valid 'notarial acts' and generally exempt from stamp duty, provided procedural rules are followed.
- Proper appointment, adherence to legal procedures, and knowledge of relevant laws are essential for their functions to be valid and recognized by courts.
- Overall, the legal framework clearly delineates their duties, powers, and the procedural safeguards necessary to uphold the integrity of oath administration and affidavit attestation.
References: - Mangal Singh VS State of Rajasthan - Rajasthan, NEW INDIA ASSURANCE CO. LTD VS R. ANANTHALAKSHMI - Karnataka, P. V. RAMANA RAO VS GOVERNMENT OF A. P. - Andhra Pradesh, V. R. KAMATH VS DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION - Karnataka, United India Insurance Company Ltd. VS Arati Boro W/o Late Anil Chandra Boro - Gauhati, ALAN KAYE VS RECOVERY OFFICER, EMPLOYEES PROVIDENT Fund ORGANISATION, WEST BENGAL - Calcutta, Mangal Singh VS State of Rajasthan - Rajasthan, FATEH SINGH VS BADAN SINGH - Allahabad, ASHOK KUMAR CHOWDHARY VS STATE OF MADHYA PRADESH - Madhya Pradesh, Ashok Kumar Chowdhary VS State of M. P. - Madhya Pradesh
Search Results for "It is Duty of Oath Comissioner and Notaries"
1975 0 Supreme(Raj) 152 • India - Rajasthan
GUPTA
tary by virtue of his office, to administer oath to or take affidavit from any person. ... Commissioner appointed by this Court and, therefore, the same should be considered to be exempted from payment of stamp duty. ... Learned counsel relied upon a decision of the Allahabad High Court but that is not applicable to the facts of the present case inasmuch as in that case the affidavit was sworn before a Magistrate who derived power to swear affidavits not by virtue of his appointment under the Notaries Act but from the ......
2001 0 Supreme(Kar) 53 • India - Karnataka
V.G.SABHAHIT, R.V.RAVEENDRAN
Issues: The issues revolved around the requirement of Notarial stamp duty for affidavits attested by Notaries and the contention ... of discrimination between affidavits attested by Notary Publics and Oath commissioners. ... The court held that any act of administration of an oath in respect of an affidavit or making a certificate confirming that the affidavit ... livelihood of Notaries. ... ... ( 9 ) LASTLY it is pointed out that Court affidavits attested by Oath commissio....
2007 0 Supreme(AP) 734 • India - Andhra Pradesh
L.NARASIMHA REDDY
Notaries Act, 1952 – Section 4 and 8 – Notaries Rules – Rule 10 – Functions of notaries – Stamp duty and ... and that the affidavit authorizing the father of an individual does not require any stamp duty – Held, It appears that apart from ... inter alia, that loan transaction was already covered by a separate memorandum, on which a sum of Rs. 500/- was paid towards stamp duty ... " ... ( 7 ) RULE 10 of the Notaries Rules stipulates the fee that can be levied by a nota....
1997 0 Supreme(Kar) 129 • India - Karnataka
R.V.RAVEENDRAN
Act, 1952-Section 8-Writ Proceedings Rules, 1977-Rule 2-Procedure for administration of oath on affidavit by oath commissioner-it ... , 1969-Section 3(2)-Code of Civil Procedure, 1908-Section 139 and Order 19, Rule 1-Code of Criminal Procedure, 1973-Section 297-Notaries ... The concerned authorities shall also ensure due observance of the Rules relating to Oath Commissioner/notaries, which require the submission of quarterly reports by the Oath #HL_S....
2021 0 Supreme(Gau) 521 • India - Gauhati
MALASRI NANDI
Notaries Act, 1952 - Section 8(e) - Notaries Rules, 1956 - Rule 11(2) Compensation - Award - Notary - Procedure ... Finding of the Court: When a Notary/Oath Commissioner administers an oath/affirmation ... to be followed - Section 3(1) of the Oath Act, 1969, empowers Courts and persons having by law or consent of parties, authority ... As per the Notaries act or Oaths act the Notaries or Oath Commissioners are required to follow th....
2006 0 Supreme(Cal) 186 • India - Calcutta
JYOTIRMAY BHATTACHARYA
STAMP DUTY - INDIAN STAMP ACT, 1899 - APPLICABILITY TO SUPPLEMENTARY AFFIDAVIT AFFIRMED IN ENGLAND - NOT REQUIRED - EXEMPTION ... ... ( 33 ) SECTION 139 of the Civil Procedure Code also provides that oath on affidavit may be administered by any notaries appointed under the Notaries Act, 1952. ... A even in the absence of any notification regarding such reciprocal recognition of the Acts done by the foreign notaries in our country as per Section 14 of the Notaries Act, 1952. ... Every ....
1975 0 Supreme(Raj) 151 • India - Rajasthan
D.P.GUPTA
Finding of the Court: The court held that an affidavit sworn before a Notary is a 'notarial act' and, therefore, stamp duty ... in respect of Notarial Acts, and held that the affidavit sworn before a Notary is a 'notarial act' and, therefore, stamp duty under ... ... Clause (c) of Section 8 (1) of Notaries Act authorises the Notary by virtue of his office, to administer oath to or take affidavit from any person. ... (old), an affidavit sworn, before such a Notary and presented this Court should be considered at par wit....
1973 0 Supreme(All) 20 • India - Allahabad
H.N.KAPOOR, K.N.SRIVASTAVA
Ratio Decidendi: The court interpreted Section 3 of the Indian Oaths Act and held that the power to administer Oath lies with ... This power being given to the Notaries under the Act is only limited to such persons who are appointed Notaries under this Act and not to Magistrates, Courts or other officers to whom this Act does not apply. ... In view of this, therefore, recourse have been taken to the Indian Oaths Act and the Notaries Act, 1952. Section 3 of the Indian Oaths Act reads as below : ... "3. ... In this very ....
1997 0 Supreme(MP) 661 • India - Madhya Pradesh
S.S.JHA
NOTARIES ACT, 1952 - APPOINTMENT OF NOTARIES - RULES 4, 6, 7 - PROCEDURE FOR APPOINTMENT - SUMMARY Fact of the Case: ... The State Government, instead of filing a return, produced the record of selection of Notaries. ... Petitioner challenged the non-consideration of his name for appointment as a Notary under the Notaries Act, 1952. ... He must have sound knowledge of the laws referred in Rule 7 and in respect of Notaries Act, Oaths Act, stamp-duty, conveyance and various types of doc....
1997 0 Supreme(MP) 658 • India - Madhya Pradesh
S.S.JHA
(2) Constitution of India -- Art. 226 -- arbitrary appointment of Notaries ... He must have sound knowledge of the laws referred in rule 7 and in respect of Notaries Act, Oaths Act, stamp-duty, conveyance and various types of documents and local laws. ... The ground was that two of them were already performing the functions of Oath Commissioner; in one case application was incomplete and in two cases certificates were not according to rules. However, after this •5 names remained for consideration. ... p....
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