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Showing posts with label Notary. Show all posts
Showing posts with label Notary. Show all posts
Wednesday, 25 March 2026

When the Signature Becomes the Case: Delhi High Court on Proof of Contract, Defective Notarisation and the Limits of Section 34 of Arbitration Act

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In arbitration, a claim founded on a disputed contract cannot survive unless the contract itself is first proved. The Delhi High Court’s de...

Drafts, Doubt and Defective Notarisation: The Fall of an Arbitral Claim

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 The arbitrator held that the CA was not executed between the parties and signatures thereupon of Mr. M.G. Stephen were forged. It was consi...
Monday, 4 January 2021

Whether Notaries/Oath Commissioners are Authorized To Execute Marriage/Divorce Documents?

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Not only the accused persons who have conspired in performing the forged marriage of the complainant, but the Notary  who executed the marri...
Wednesday, 24 June 2020

Whether Notary Who Acts Contrary To Procedure Under Notaries Act Can Claim Immunity From Prosecution?

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I  therefore, hold that only when the notary has exercised or purported to exercise his functions under the Notaries Act, 1952,  he ...
Saturday, 27 July 2019

What are necessary pre-requisite for taking cognizance of offence against Notary?

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Section 13(1) of the Notary Act, 1952 clearly bars the act of taking cognizance of any offence against the Notary in exercise or purported...
Tuesday, 11 September 2018

Whether principal can ratify previous act done by agent by executing second power of attorney?

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That an act done, for another, by a person though without any precedent authority whatever, becomes the act of the principal, subsequently...
Saturday, 24 March 2018

When court should not rely on notarized documents?

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The procedure relating to notarization under the Notaries Rules, 1956 framed under the Notaries Act, 1952 has not been followed. Under R...
Saturday, 24 February 2018

What is presumption regarding power of attorney executed before notary?

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Document No. 2 is the original power of attorney tendered in evidence along with affidavit of evidence. The said power of attorney appears t...
Tuesday, 13 June 2017

How to prove execution of Notarized document?

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The Agreement of licence is not registered as required. It cannot be looked into. Mr. Madon argued that it is notarized. It may be menti...
Sunday, 13 November 2016

Whether action can be taken against Notary for misconduct without following principles of natural justice?

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  On the other hand, Mr. V. Rodrigues, learned Government Advocate appearing for the respondents fairly accepts that the procedure in ...
Wednesday, 25 May 2016

Whether Indian courts should recognize certificate of civil status is issued by Swiss Confederation to prove bride marital status?

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 Ext.P5 certificate of civil status is issued by the Swiss Confederation, to prove the bride marital status, attested by a notary in...
Monday, 13 October 2014

When court can take cognizance of offence committed by notary?

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The learned Counsel also brought to my notice that under Section 13 of the Notaries Act, 1952 there is a legal bar for the Court to take c...
Saturday, 7 September 2013

THE IMPORTANCE OF PHYSICAL PRESENCE TO THE NOTARY

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The notary public who wishes never to be sued in civil, criminal or administrative court might adopt as a motto the title of that most ce...
Monday, 25 February 2013

Whether the principal can ratify the first power of attorney by executing the second power of attorney authenticated adequately by Notary public?

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The first power of attorney was not authenticated as required by s; 33 of the Indian Registration Act which in the case of an Indian res...
Thursday, 20 December 2012

BOMBAY HIGH COURT GUIDELINES REGARDING SWEARING OF AFFIDAVIT

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In this view of the matter,  the Registrar  General  is   directed  to   issue  administrative instructions to all the  concerned  oat...
Friday, 26 October 2012

Whether power of attorney executed before notary foreign country is presumed to be authentic?

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 The authentication bears not only the seal but also signatures of the Notary Public. S. 85 of the Evidence Act provides as under : ...
Saturday, 1 September 2012

What are duties of notary in respect of certifying copies of documents as true copies of original?

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 Rule 10(1) of the Notaries Rules, 1956 prescribes that every notary shall charge a fees for certifying copies of documents as true copi...
Friday, 30 March 2012

Whether affidavits sworn before Notaries can be accepted as evidence before court?

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The provisions of Civil Manual, Chapter XXVI, para 506 read thus - 506. The person who may administer oaths to deponents must be duly...