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Kashi Prasad Saksena Vs. State Government of U.P., Lucknow

Court : Allahabad

Subject : Civil

Acts : Notaries Act, 1952 - Sections 5, 8(1) and 10; Notaries Rules, 1956 - Rule 11(2), 11(9), 13, 13(12) and 13(13); Constitution of India - Article 226; Stamp Act, 1899 - Schedule - Article 42

Reported in : AIR1969All195

the State Government on 11th March 1964 issued a notification purporting to be under Section 10 of the Notaries Act, 1952 read with Clause (b) of Sub-rule (12) of Rule 13 of the Notaries Rules, 1956 cancelling with effect … State Government issued another notification, a copy of which was issued to the petitioner and which is Annexure 9 to the petition, by which the State Government purporting to act under Section 10 of the Notaries Act,

Mohammed ZulfekharuddIn Vs. the State of Maharashtra and Others

Court : Mumbai Aurangabad

Subject : MRTP

is an Advocate. He was appointed as Notary on 11th January, 1988 pursuance to the provisions of The Notaries Act, 1952 and The Notaries Rules, 1956. Lastly, the Government of Maharashtra vide communication dated 2nd February, 2010 addressed to … document in question is within the ambit of sub section (a) of Section 8 of the Notaries Act. Section 9 creates a bar that, without a certificate to be enforced a person is barred from practicing as a

Central Bureau of Investigation, Bank Securities and Fraud Cell Vs. Mu ...

Court : Mumbai

Subject : Criminal

Acts : Notaries Act, 1952 - Sections 8; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 9(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 161, 313, 315, 345 and 482; Indian Penal Code (IPC), 1860 - Sections 21, 109, 120-B, 405, 409, 411, 420, 467, 468 477 and 1208; Evidence Act, 1872 - Sections 3, 8, 9, 10, 74, 76, 78, 105 and 114; Prevention of Corruption Act, 1988 - Sections 13(2); Indian Companies Act, 1956 - Sections 617; Prevention of Corruption Act, 1958 - Sections 2 and 19; Reserve Bank of India, 1934 - Sections 45-I; Banking Regulation Act, 1949 - Sections 5, 11(1), 21 and 35; Maharashtra Co-operative Societies Act, 1960; Indian Companies Act, 1956 - Sections 234, 235, 240 and 242(1); Constitution of India

Reported in : 1999(3)BomCR189

happened to be a member of the Bar and has also been appointed as a Notary under the Notaries Act, 1952. Section 8 of the said Act lays down functions of Notaries which includes as per Clause l(e) thereof 'administer … of the prosecution that the CANFINA did not receive the securities from BOK under the three BRs except 9 crores units of UTI in second transaction and the total outstanding in terms of money as at the

Firoz M. Battiwala Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Civil

Acts : Notaries Act, 1952 - Sections 5(2); Constitution of India - Article 226; Notaries Rules, 1956 - Rule 9

Reported in : AIR2000Guj304; (2001)3GLR1975

of the observations made in this judgment and in accordance with the provisions of Section 5(2) of the Notaries Act, 1952. There does not appear to be any reason why the Government should not issue such certificate within one … a time.'This provision does not contain any period of limitation for making an application for renewal. Similarly, Rule 9 of the Notaries Rules, 1956 or any other Rules do not contain any provision prescribing any period of

Mrs. Rajni JaIn Vs. Lt. Governor of Delhi and Others

Court : Delhi

Subject : Constitution

Acts : Notaries Act, 1952 - Sections 2, 3, 6, 7, 9, 11, 12, 14 and 15; Notaries Rules, 1956 - Rules 3, 4, 6, 7, 8 and 14; Constitution of India - Article 226; Negotiable Instruments Act, 1881

Reported in : AIR1994Delhi269

No. F.17/5/91-Judl., dated 30 April 1992, whereby 32 advocates were appointed as Notaries under the provisions of the Notaries Act, 1952. These advocates are respondents 4 to 35. Respondents 1, 2 and 3 are respectively the Lt. Governor of … it is done by a notary under his signature and official seal.'Section 9 puts a bar on practice without certificate issued under Section 5. Section … contentions it will be appropriate to refer to the relevant provisions of the Act and the Rules. Under Section 3, the Central Government for the whole or any part of India, and any State Government for the

Sri Kashi Prasad Saksena Vs. State of Uttar Pradesh

Court : Allahabad

Subject : Civil

Acts : Constitution of India - Articles 226, 311(1) and 311(2); Notaries Act, 1952 - Sections 4, 5, 5(2), 8, 9, 10, 11, 12, 13(12), 15 and 15(2); ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1967All173; (1967)IILLJ588All

him and asked the District Judge, Lucknow, who is a competent authority under the rules framed under the Notaries Act, 1952 (hereinafter referred to as the Act), (o make an enquiry. The District Judge framed the following three charges … Notary as 'practice'. The relevant words in Section 5 are 'every notary who intends to practise'. Those in Section 9 are 'no person shall practise as a notary or do any notarial act.' In Section 11 the words

Md. Moynul Hoque, Baladmari and Another Vs. The State of Assam

Court : Guwahati

Subject : Education

been charged under Sections 120B/ 34 IPC. It is submitted by him that Section 13 of the Notary Act, 1952 provides that no Court shall take cognizance of any offence committed by a Notary in the exercise of … an Affidavit (Annexure – VII) and a Marriage Agreement (Annexure – VIII) and the petitioner No. 2 had notarized the documents on being identified by the petitioner No. 1. According to Mr. Sarma, admittedly the principal accused … committed to the learned Court of Sessions Judge, Kokrajhar, Sessions Trial No. 93/2013 was registered. By an order dated 30.11.2013, after hearing the parties, the

Rajeshwarhwa Vs. Sushma Govil

Court : Delhi

Subject : Tenancy

Acts : Delhi Rent Control Act, 1958 - Sections 15(1); Notaries Act, 1952 - Sections 11; Evidence Act, 1872 - Sections 57

Reported in : AIR1989Delhi144; 37(1989)DLT88

11. Obviously the Notaries appointed in foreign country are not entitled to practice under the provisions of the Notaries Act, 1952. Section 11 obviously makes reference to Notaries Public of India. If any statute makes reference to a Notary Public … to maintain such register of the Notaries. Section 8 enumerates the functions to be performed by a Notary. Section 9 places a bar of any person to practice as Notary unless he is duly appointed. Section 10 deals

Kamal Lochan Panda and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : Civil

Acts : Notaries Act, 1952 - Sections 3, 5, 8 and 10; Notaries Rules, 1956 - Rules 3, 4, 6 and 7; Constitution of India - Articles 226 and 227

Reported in : 94(2002)CLT151

is that, Opp. party No. 1 has been making appointment of Notaries, contrary to the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956 according to its sweet will. It is alleged that in spite of objection … the Rules made, thereunder, for appointment of Notaries and the requirement thereof are necessary to be considered. Under Section 3 of the Notaries Act, 1952 (hereinafter called 'the Act'), the Central Government in case of whole or … responsibilities like verifying, authenticating or attesting instruments, presentation of promissory notes etc. 9. Before parting with the case, we would like to observe that, while

Sajjan Kumar S/O Late Sri Laxmi Narayan Khare, Manager, Dr. Rajendra P ...

Court : Allahabad

Subject : Criminal

Acts : Indian Oaths Act, 1873; Notaries Act, 1952 - Sections 8(1) and 34(6); Utter Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972; Code of Civil Procedure (CPC) , 1908 - Sections 139; High Court Rules - Rules 1, 3, 4, 9, 10, 12, 13, 15 and 17

Reported in : AIR2006All36; [2006(1)JCR431(All)]

the case of any affidavit under this Code-(a) any Court or Magistrate, or(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952) or(b) any officer or other person whom a High Court may appointed in this behalf, … conferred can be presented before the Court without such coupons. Under Rule 9 it is provided that an affidavit shall fully describe the person swearing … to verify affidavits and administer oath or affirmation can also be presented before this court.5. Besides this under Section 139 of Code of Civil Procedure the powers to administer oath on affidavits have been given to certain