AIR 2013 KERALA 1 ::2012 (2) Ker LT 915 ::2012 (2) Ker LJ 734 ::(2013) 121 AllIndCas 32 (KER) ::2013 (121) AllIndCas 32 SOC

Kerala High Court

Hon'ble Judge(s): Manjula Chellur, P. R. Ramchandra Menon , JJ

Notaries Act (53 of 1952) , S.8(1)(a), S.10(d)— Notaries Rules (1956) , R.13(12)(b)— Professional misconduct by Notary - Attestation of affidavit by Notary without deponent being present before him - Amounts to misconduct - Wrong intention or corrupt motive not an essential ingredient to constitute said misconduct. W.P.(C) No. 28720/2009 D/- 2-12-2009 (Ker), Reversed;AIR 2002 Ker 8, Overruled. AIR 1969 All 363, Diss. from. A Notary who is bound to discharge the notarial acts as per the specific provisions of the Act/Rules, if attests an affidavit without signature of the deponent therein, certifying that the deponent had subscribed his/her signature in his presence, would constitute misconduct/professional misconduct to be proceeded with. 'Wrongful intention or corrupt motive' cannot be an essential ingredient to constitute said misconduct. Section 10(d) of the Act, only prescribes that, the action/omission should be one, as in the opinion of the Government render him unfit to practice as Notary. The provision is wide enough to include both 'professional misconduct' as well as such other 'misconduct' as in the opinion of the Government renders the person unfit to practise as a Notary. When the provisions in the statute are quite unambiguous, it is not for the Court to rewrite/add/delete something else; more so, applying the prin....