Latest news with #NotariesAct
Hindustan Times
21-05-2025
- Business
- Hindustan Times
Relief for litigants: HC stays ₹500 charge for photo identification
Providing relief to litigants, the Lucknow bench of Allahabad high court, as an interim measure, has directed that the charge of ₹500 for photo identification by Bar Associations is not to be realised from them. In another interim measure, the court further directed the registry to accept affidavits sworn before public notaries, holding them valid under the Notaries Act, 1952, saying no rule prohibits their acceptance. Justice Pankaj Bhatia passed the order on May 19 while hearing a petition filed by M/s Rajdhani Inter State Transport Co., New Delhi, through its authorised signatory Sunil Kumar Magoo, challenging the requirement of photo identification for filing petitions. The court said that in the era where efforts are being made to promote digital India, 'continuing with a regressive practice of the litigants travelling from far-off places solely for photo identification is, on the face of it, is retrogressive'. The court observed that the practice had led the High Court Bar Association and the Oudh Bar Association to charge amounts 'beyond the sanction of law, solely based upon resolutions.' It remarked that 'continuation of such a practice is neither desirable nor does it augur well for the temple of justice,' which must function with the support of Bar Associations to fulfil the constitutional goal of providing 'access to justice to all'. Earlier, the petitioner's counsel had sought an adjournment to file a supplementary affidavit, citing the deponent's inability to travel to Lucknow for photo identification. In response, the court questioned why the affidavit could not be sworn before a notary at the deponent's place of residence, as permitted under the Notaries Act, 1952. The petitioner's counsel explained that while there was no bar under the Act, the registry at the Allahabad high court typically accepts only affidavits sworn before oath commissioners appointed under Chapter IV of the Allahabad High Court Rules. Noting that prima facie an additional cost ( ₹400-500) being charged from the litigants, which is going to the lawyers from the photo affidavit centre, was not sanctioned by law, the court had appointed advocate Tushar Mittal as amicus curiae to assist the court on the said issue. The court, however, said that the Bar Associations were at liberty to take measures for the welfare of lawyers, but no such amount could be charged in connection with the filings made before the high court. Accordingly, the court disposed of the issue, however, it ordered the writ petition would continue on its merits.
Time of India
21-05-2025
- Business
- Time of India
HC: Notary Attested Affidavits Valid for Govt Tenders Unless Magistrate Clause Explicit
Nagpur: In a significant ruling set to streamline govt bidding procedures, the Nagpur bench of Bombay high court has ruled that affidavits attested by a notary public are sufficient for participation in public tenders, unless an explicit requirement for magistrate attestation is stated in the bid document or related policy. A division bench of justices Nitin Sambre and Vrushali Joshi quashed the disqualification of a Yavatmal contractor, who was barred from a Rs55 lakh tender issued by the Vidarbha Irrigation Development Corporation (VIDC) for submitting an affidavit attested by a notary instead of a magistrate. "The petitioner executed the affidavit in compliance with statutory provisions," the bench noted, adding that VIDC's rejection of the bid amounted to a 'complete non-application of mind'. The petitioner, represented by counsel Tejas Deshpande, had bid for furnishing and repair work under the Wardha Barrage (Hadgaon) Lift Irrigation Scheme. He submitted an affidavit on Rs100 stamp paper, duly notarised in Form 6 format. However, on April 15, 2025, VIDC rejected his bid citing Clause 13(vi)(7) of the tender, which officials claimed mandated attestation by an executive or district magistrate. Deshpande argued that the said clause made no such specification and that a govt resolution issued on October 18, 2023, also did not insist on a magistrate's attestation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo The court concurred, affirming that the Notaries Act, 1952, empowers notaries to administer oaths and validate affidavits, making notarised documents legally enforceable. The bench observed that VIDC effectively imposed a requirement that did not exist in either the tender conditions or state policy, thereby arbitrarily excluding a valid bid. It directed the agency to open and consider the petitioner's financial proposal. "Our observations lead to drawing the only conclusion that the petitioner complied with the tender condition and by no stretch of imagination leads to any other inference that the affidavit sworn before the notary cannot be equated with that of the affidavit sworn before the executive/district magistrate. The latter are appointed under the criminal law and it is not that any special powers are conferred on them while giving the oath or affirmation to that effect," the judges said. The ruling is expected to curb discretionary disqualifications by state agencies and clarifies that notarised affidavits, unless explicitly disallowed, meet the legal standard for tender compliance , Deshpande said.
