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2016 (4) TMI 1404 - HC - Indian LawsLegality of power of attorney, which was admittedly executed in Bangladesh, in India - authority to file an application under Section 47 of IBC - whether this Court can recognize a notarial act, which took place before a notary public at Bangladesh? - HELD THAT:- The Indian Evidence Act was enacted in 1872 and thereafter Notary Act was enacted. Therefore, provision of Section 85 of the Indian Evidence Act cannot be mechanically applied here, without considering Section 14 of the Notary Act, 1952 - Section 85 of the Indian Evidence Act cannot be read in isolation and it is to be considered along with Section 14 of the Notary Act 1952. In the case in hand, the opposite party has produced the notarial certificate before the Court below but that is not authenticated by Indian Embassy. Learned Counsel appearing on behalf of the opposite party could not furnish any notification published by the Central Government in the official gazette that the notarial acts lawfully done by the notaries of Bangladesh shall be recognized within India for all purposes or as the case may be for such limited purposes as may be specified in the notification. Therefore, learned Court below's order is demonstrably unsustainable. The instant revisional application is a prematured one. Accordingly, it is dismissed at this stage.
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