Notaries Public Act, 1952, Section 15, Notaries Public Rules, 1956, Rule 4, 7, Constitution of India, 1950, Article 226 -- Appointment as Notary - Name of appellant figured in list of recommenced candidates but later decision was taken not to appoint him - Appellant made application directly to Chief Minister of State - Note issued by C.M. on his application recommending..........
Notaries Public Act, 1952, Section 15, Notaries Public Rules, 1956, Rule 4, 7 -- Appointment as Notary - Empanelment - Appointment refused on ground that application was filed after cut-off date - Such candidate cannot claim appointment against vacancy which arose from quashing of appointment of another candidate as his application was received much after cut-off date..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell and receipt - Alleged to be lost for which rapat with police lodged - Plea of defendant that agreement was mutually cancelled - Existence of original document not in dispute - Loss of document also proved - Plaintiff placed on record photocopy of agreement authenticated by Notary Public - Order..........
Evidence Act, 1872, Section 85, 4 -- Power of attorney - Attested by Notary Public - Shall be presumed to be executed and so authenticated unless and until it is disproved - Burden lies on accused to establish that power of attorney was not duly executed and authenticated by the person by whom it purports to have been executed...........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Evidence showing that prosecutrix was above 18 years of age at the time of incident - Prosecutrix swore an affidavit attested by notary public admitting her marriage with the accused - It cannot be said that affidavit was procured at gun point - Prosecutrix and accused are from the same village and were in..........
Evidence Act, 1872, Section 85 -- Power of Attorney - Attested by a Public Notary - There is a statutory presumption u/s 85 Evidence Act that Power of Attorney was executed by the person by whom it purports to have been executed and the person who executed the power of attorney was fully competent in this regard...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Parties compromised - Compromise executed on ten rupees no, judicial stamp paper, placed on record - Compromise is duly attested by Notary and signatures of parties have been identified by their respective counsels - Accused-petitioner has paid entire due amount to..........
Notaries Public Act, 1952, Section 10 -- Notaries Rules, 1956, R.13(2) - Removal of Public Notary by State for professional misconduct - Complaint against notary not made in prescribed Form XIII which is mandatory - No material on record wherefrom it can be held that any preliminary enquiry was conducted by the State Govt. for prima facie satisfaction to hold a regular..........
Transfer of Property Act, 1882, Section 3, Succession Act, 1925, Section 63(c) -- Attest - Notary - By affixing his seal renders only authenticity to the document - He is not animo attestandi - No doubt Notary attests the document but he is not an attesting witness...........
Evidence Act, 1872, Section 62, 68, Transfer of Property Act, 1882, Section 54 -- Primary evidence - Notarised copy of sale deed produced - Original brought in Court - Plaintiff not cross examined as to non production of original sale deed - Contention that attested copy by Notary Public does not prove title repelled...........
