In gujrat non juditial stempepar purchased by raju shah for use it a making his affidavit. tha advocate of the person name vinod shah used that non juditial stemp pepar for vinod sah in making a affidavite by mistake.in short for making a affidavite for vinod shah, non juditial stemp paper used was in the name of raju shah. affidavite was notarised. nobady came to know this mistake. affidavit was fieled in mamalatdar office. he also not taken a objection for the deferant name in stemp paper. naw third party filed a complain against notary for misconduct in legal department with suport of vinodshah that " notary has not taken proper care to see and checkup the stemp paper." now qua.is " what any negligency is be on the part of notary or on the side of notary ? notary is to be punished for that negigance ?any ceriminal offence made ? if yes to whom ?
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1) notary was supposed to verify that stamp paper was in name of party making the affidavit
2) in present case notary has been negligent in discharge of his duties
3) section 10 of notaries act provides that notary can be removed by the govt on account of his misconduct
4) govt can take action against notary
This is a frivolous complaint and no serious offence is appearing to have been committed.
At the most the Notarian may be cautioned for not taking due diligence but no serious impact would be given on his carer.
1. The affidavit on the stamp paper can be executed only in favour of the party on whose name the stamp paper was purchased and issued. It was incumbent on the notary to verify that the person making the affidavit is indeed the person on whose name the stamp paper has been issued.
2. A complaint can surely be filed against the notary for failure to exercise due diligence, but in the given scenario he may be let off with a warning to be cautious in future.
Notary cannot be punished for this lapse.
It becomes the duty of the deponent making this affidavit to buy the stamp paper properly and should not blame th4e notary.
The notary's job is only to attest the affidavit which was sworn before him after verifying the identity of the person swearing in the affidavit before him.
