Duty of Notary - The primary role of a notary is limited to attestation of the document presented before him. He does not verify the authenticity or contents of the document beyond certifying signatures or identities involved. The court emphasized that the notary's duty does not extend to validating the document's genuineness or contents, and his scope is confined to attestation only. Ashok R. Hiremath VS Vijayamala - Karnataka, INDHC020099482014
Certification Scope - Notaries certify signatures of authorized signatories without verifying the underlying document's content or authenticity. Their certificates do not include sample signatures or detailed verification, underscoring the limited nature of their role. Arvind Khanna VS Central Bureau of Investigation - Delhi
Legal Implication - Since a notary's role is strictly attestation, implicating a notary in criminal proceedings related to document fabrication is unwarranted if he merely performed his duty of attestation. The notary's function is not to authenticate the document's contents but to attest signatures, and criminal liability arises only if he exceeds this scope. INDHC020099482014
Summary - The main insight is that a notary's duty under Section 482 CrPC is confined to attesting documents, and they are not responsible for verifying the authenticity or contents of the documents. Any criminal proceedings against a notary should consider this limited scope. The court consistently held that the notary's role is procedural, and exceeding this role can lead to unwarranted legal actions.
The court held that the duty of the notary is limited to attestation of the document placed before him and that if any other persons ... It held that the duty of the notary is limited to attestation of the document placed before him and that continuing the criminal ... Ratio Decidendi: The court's decision was based on the limited scope of the notary's #HL_STAR....
contribution - Father of the petitioner is an Indian Passport holder and transaction is through banking channel - Held, material placed ... It is submitted that the attesting Notary only certifies the signature of an authorized signatory on the annexed document without exactly identifying the basic document or certifying contents thereof. The notary certificate does not even carry the sample signatures of the authorized signatory. ... The signatures of the Notary Public are in turn att....
As discussed above, it is quite impossible for a Notary tou know the genuineness of the document produced before him for attestation. The Notary is noto supposed to know each and every person before him for the purpose of notifying a document in his CNotarial Register. ... The respondent, by filing this document, is virtually introducing additional evidence, which is not the object of Section 482, Cr. P.C.” . 22. ... It has been asserted that the pe....
The power of revocation was limited to the trusts created by PDB. ... He did not appear or sign before any Oath Commissioner, notary or Magistrate. The affidavit sent to him was not accompanied by a copy of Will. ... , (b) 40 bonds of Mahanagar Telecom Nigam Limited of the face value of rs. 1000/- each, (c) 10095 equity shares of Rs. 10/-each of Universal Cables Limited, (d) 7% capital investment bonds of face value of Rs. 11 lakhs and (e) cash in hand, bank balance and all other assets of the trust. ... Since this is a ....
complainant and placed before the notary for attestation and only he has done the job by attesting and not indulged in fabricating of the document. ... If such notary is implicated for attesting of the document and no end to the criminal proceedings and he made his duty as 11 notary and his limited scope ... of the job is only to attestation of the document and if any other ....
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