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Smt. Sudebi Sundari Mondal Versus State Of West Bengal And Ors.

1982 (9) TMI 239 - CALCUTTA HIGH COURT

Dated:- 6-9-1982 - M N. Roy,J. ORDER M.N. Roy, 1. This application and the other one in the case of Bidhu Bhushan Mondal v. State of West Bengal and others, having been, moved together and with notice to the learned Additional Advocate General, Mr. Mukherjee has appeared for the respondent State of West Bengal. He has filed his powers. 2. The applications as sought to be moved were affirmed before Shri Biswa Nath Banerjee, Notary Public, Murshidabad and as such, a point arose as to whether appli .....

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re a statement is based on information, the source of information should be disclosed and where the statements are based on records, sufficient particulars should be given to identify the records. Such provisions would be available in Rule 14 of the Rules as mentioned above. Rule 35 of the said Rules lays down that unless otherwise ordered, all affidavits shall be filed before the appropriate officer of the Court. No affidavit shall be used unless filed at least 24 hours before the sitting of th .....

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Sections 4 and 8 of the Oaths Act, 1873 and those of the provision of the Negotiable Instruments Act, the affidavits in the instant case, as were affirmed before the Notary Public, could be used in. respect of proceedings under Article 226 of the Constitution. It was further claimed by him, that such view is also supported by the provisions of Section 139 of the C. P. C. and more particularly because of Sub-section (aa) of the same, which was inserted by the amendment Act of 1976 and makes it cl .....

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rule shall not apply to urgent motions or applications or to motions or applications made ex parte. In view of the Rules framed or formulated by this Court, for matters under Article 226 of the Constitution, I am of the view that R. 15 as mentioned hereinbefore would have no application. In fact, the Rules under Article 226 also make such provisions as above. 5. Mr. Mukherjee, appearing for the respondent State of West Bengal, contended that since Section 141 of C. P. C. as provided in the Code .....

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Government of India had the power to appoint Notary Public, but such appointment would only be for the limited purpose of performing functions under that Act and as such, by the present Notaries Act of 1952, the Central and the State Governments were given powers to appoint Notaries in appropriate cases, not only for the limited purposes of the Negotiable Instruments Act, but generally for all recognised notarial purposes, and to regulate the provisions of such Notaries. The functions of Notari .....

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n appeal supported by such affidavit would not be out of the way. 7. Mr. Bhgchi, in support of his submissions as above, has referred to the determination in the case of Kamal Narain Sarma v. Dwarka Prasad Mishra, , which was a case under the Conduct of Election Rules, 1961 and where the effect of an affidavit sworn before Commissioner of Oaths or before District Clerk of Court, later describing himself as Officer for administering oath on affidavit, was construed and it was observed, that such .....

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Rules (1976), the provisions of C. P. C, so far as they can be made applicable, would apply to the proceeding under Article 226 of the Constitution. It has further been observed that the explanation added to Section 141 of the Code by the 1976 C. P. C. (Amendment) Act, does not in any way nullify the effect of Rule 32 of the Writ Rules. The views as expressed by the Full Bench determination as above, do really get support from the Supreme Court judgment as indicated hereinbefore. But, those vie .....

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It has been observed by Andhra Pradesh, High Court that Section 141 would apply in such proceeding, but on the other hand the Allahabad, Calcutta, Madras and Punjab High Courts have held that Section 141 would not be applicable to such proceedings. Thus, it can be deduced that Section 141 is not applicable to proceeding under Article 226 of the Constitution. The Punjab Full Bench determination will not apply in this case as Writ R. 32 as involved there contemplates application of the provisions .....

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