Case Note & Summary
The Petitioner, Mr. Lalit Doshi, a practicing Advocate since 1971 and a Notary Public since 2004 appointed by the Central Government, challenged an order dated 15th December 2016 passed by Respondent No.2, the Deputy Legal Advisor, Ministry of Law and Justice, cancelling his Certificate of Practice as Notary. The Petitioner contended that the impugned order was passed in clear violation of the Notaries Act, 1952 and the Notaries Rules, 1956, as no show-cause notice was issued and no opportunity of hearing was afforded before cancellation. The Respondents argued that the cancellation was based on a complaint and that the Petitioner had been given an opportunity to submit his explanation. However, the Court found that the impugned order did not refer to any show-cause notice or hearing, and the Respondents failed to produce any record of such notice. The Court held that the cancellation without following the mandatory procedure violated principles of natural justice. The Court quashed the impugned order and directed the Respondents to restore the Petitioner's Certificate of Practice as Notary, with liberty to proceed afresh in accordance with law.
Headnote
A) Administrative Law - Natural Justice - Cancellation of Notary Certificate - Violation of Audi Alteram Partem - The impugned order cancelling the Petitioner's Certificate of Practice as Notary was passed without issuing any show-cause notice and without affording any opportunity of hearing, which is a clear violation of the principles of natural justice and the mandatory requirements under the Notaries Act, 1952 and the Notaries Rules, 1956. Held that the order is unsustainable and liable to be quashed (Paras 1-17).
Issue of Consideration
Whether the impugned order cancelling the Petitioner's Certificate of Practice as Notary is in violation of the principles of natural justice and the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956.
Final Decision
The Court quashed the impugned order dated 15th December 2016 and directed the Respondents to restore the Petitioner's Certificate of Practice as Notary. The Respondents were at liberty to proceed afresh in accordance with law after giving due opportunity of hearing to the Petitioner.
Law Points
- Natural justice
- audi alteram partem
- cancellation of notary certificate
- show-cause notice
- opportunity of hearing
- Notaries Act 1952
- Notaries Rules 1956
Case Details
WRIT PETITION NO.107 OF 2017
SHANTANU S. KEMKAR, B.P. COLABAWALLA
Mr Aspi Chinoy, Sr. Counsel with Mr Tushar Bhavsar and Mr Jarin Doshi for Petitioner; Mr Jaydeep Deo for Respondent Nos.1 and 2
The Union of India and another
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash the impugned order cancelling the Petitioner's Certificate of Practice as Notary.
Remedy Sought
The Petitioner sought to quash the impugned order dated 15th December 2016 cancelling his Certificate of Practice as Notary.
Filing Reason
The Petitioner alleged that the impugned order was passed in violation of the Notaries Act, 1952 and the Notaries Rules, 1956, without issuing any show-cause notice and without affording any opportunity of hearing.
Issues
Whether the impugned order cancelling the Petitioner's Certificate of Practice as Notary is in violation of the principles of natural justice and the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956.
Submissions/Arguments
The Petitioner argued that the impugned order was passed without any show-cause notice and without affording any opportunity of hearing, violating natural justice and the Notaries Act and Rules.
The Respondents contended that the cancellation was based on a complaint and that the Petitioner had been given an opportunity to submit his explanation.
Ratio Decidendi
The cancellation of a Notary's Certificate of Practice without issuing a show-cause notice and without affording an opportunity of hearing is a violation of the principles of natural justice and the mandatory requirements under the Notaries Act, 1952 and the Notaries Rules, 1956, rendering the order unsustainable.
Judgment Excerpts
By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a writ of certiorari calling for the records and papers pertaining to the impugned order dated 15th December 2016 and after considering the legality and propriety thereof, to quash the same.
It is the case of the Petitioner that this impugned order is in clear violation of the provisions of the Notaries Act, 1952 and the Notaries Rules, 1956.
Procedural History
The Petitioner filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 15th December 2016 cancelling his Certificate of Practice as Notary. The matter was heard by a Division Bench of the Bombay High Court, which quashed the impugned order on 3rd April 2017.
Acts & Sections
- Notaries Act, 1952:
- Notaries Rules, 1956:
- Constitution of India: Article 226
