T A ABDUL KADIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a Notary Public appointed by the Government of Kerala under R.8 of the Notaries Rules, 1956.

(2.) The functions of a Notary is enumerated in S.8 of the Notaries Act, 1952. Among others, a notary is authorised to administer oath to, or take affidavit from, any person as per S.8(e) of the Notaries Act. R.11(8) of the Notaries Rules also authorises m notary to prepare and take affidavits for various purposes for his notarial acts.

(3.) Ext. P1 is the Passport Information Booklet which contains a specimen affidavit to be submitted by illiterate applicants as proof of date of birth in case no other document mentioned at Para 4(b) of the instruction booklet is available. At the bottom of the affidavit, a note is appended which shows that the affidavit is to be attested by a Magistrate. Whereas, regarding other specimen affidavits there is no such restriction. Those could be attested by a Notary Public also.