AIR 1992 BOMBAY 149 ::(1991) 4 Bom CR 89

Bombay High Court

Hon'ble Judge(s): D. R. Dhanuka , J

(A) Notaries Act (53 of 1952) , S.8, S.15— Notaries Rules (1956) , R.11(2), R.12— Functions of notaries - Notary is bound to take care about identification of executant of original document and to make entry of notarial act of certifying copy of document as true copy of original. A notary has to make entry in the notarial register in respect of the notarial act of certifying copy of document as true copy of the original. Even if one or two columns of the said form is not applicable, entries must be made in the said register filling up remaining columns as are applicable and adapting the format accordingly. He has to place his signature and seal on the copy of the document and keep the copy on his record. It is the responsibility of a notary to satisfy himself that the original document intended to be executed before him was executed by the person concerned and not by someone else in the name of a different person i.e. about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. Unless the executant is known to the notary personally, the notary must insist on written identification of the executant by an advocate and take signatures of both of them in token thereof in the notarial register in order to minimise the po....