AI Overview...
- Quash Power of Gazetted Officer to Attest True Copies - Main points and insights:
- The validity of documents attested by non-gazetted officers, such as Patwaris, is questionable. They are neither Class I nor Class II Gazetted Officers, and their attestation may lack legal standing, especially in different jurisdictions Madan Mohan VS Arun Shourie and Ors - Allahabad, SURINDER KUMAR VS STATE OF H. P. - Himachal Pradesh, Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh, Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh.
- The absence of signatures or proper verification, as well as the failure to file appropriate Form 26 with the returning officer, can lead to rejection of nominations or documents Madan Mohan VS Arun Shourie and Ors - Allahabad.
- The law emphasizes that attestations must be performed by competent officers, typically Gazetted Officers, to ensure authenticity and validity, particularly for documents like affidavits or copies used in official proceedings Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh, Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh.
- Analysis and Conclusion:
- The power to attest true copies is limited to qualified Gazetted Officers. Attestation by non-gazetted officers such as Patwaris is generally not recognized legally, which can impact the validity of documents in judicial or official contexts.
- Proper verification procedures, including signatures and filing of necessary forms, are crucial to uphold the authenticity of attested documents.
- Courts and authorities tend to scrutinize attestations by non-gazetted officers, often ruling such attestations invalid, thereby emphasizing the importance of using competent officers for attestation purposes Madan Mohan VS Arun Shourie and Ors - Allahabad, Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh, Ladduram Kori vs The State Of Madhya Pradesh - Madhya Pradesh.
Search Results for "Quash Power of Gazatted Officer to Attest the True Copies"
2010 0 Supreme(All) 266 • India - Allahabad
DEVI PRASAD SINGH
Madan Mohan, whose nomination as Congress candidate was rejected by the returning officer, has challenged the election of respondents ... Document has been verified by Gazetted Officer Vidhan Sabha U.P. but it does not contain even the signature of petitioner. ... In the absence of Form 26 filed with the returning officer containing relevant information it shall always be open to returning officer to reject the nomination. ... The following relief has been claimed by the petitioner under the election pe....
1984 0 Supreme(HP) 83 • India - Himachal Pradesh
H.S.THAKUR, T.R.HANDA
Sub-rule (3) next enjoins that in case the dying declaration is not recorded by a Magistrate or by a gazetted police officer, two or more reliable witnesses not connected with the police department should be present at the time of the examination and the said witnesses should attest the statement. ... The second declaration is then alleged to have been made by the deceased before the police Officer, A.S.I. Uttam Chand (PW 7). This police officer recorded the statement of the deceased. In fact he is stat....
2022 0 Supreme(MP) 1130 • India - Madhya Pradesh
G. S. AHLUWALIA
not carry validity in another state unless the claim is substantiated as per local guidelines - The conclusion drawn by the High Power ... It is not the case of the respondent no. 5 that Patwari was competent to attest a document. He is neither Class I nor Class II Gazetted Officer. Why the certified copy of the said document was not obtained has not been clarified by the respondent no. 5. ... The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent #HL_STA....
2023 Supreme(Online)(J&K) 587 • India - High Court of Jammu and Kashmir
Copies of same exhibits were also given to him during prosecution part. ... If enquiry has been held by any officer other than the Commandant, the officer conducting enquiry shall forward his report together with the proceedings to the Commandant who shall record his findings and pass order where he has power to do so, but in the case in hand the enquiry has been conducted at ... signed by petitioner and the Enquiry Officer. ... As per existing rules statement of PWs were recorded in the presence of pet....
2022 Supreme(Online)(MP) 3254 • India - High Court of Madhya Pradesh
It is not the case of the respondent no. 5 that Patwari was competent to attest a document. He is neither Class I nor Class II Gazetted Officer. Why the certified copy of the said document was not obtained has not been clarified by the respondent no. 5. ... The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non-gazetted officer with particulars of castes and sub-castes, tribe, t....
• India - High Court of Madhya Pradesh
It is not the case of the respondent no. 5 that Patwari was competent to attest a document. He is neither Class I nor Class II Gazetted Officer. ... The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non-gazetted officer with particulars of castes and sub-castes ... officer rather than at the Officer, Taluk or Mandal level. ... The High #....
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