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Section 14 - deals with the reciprocal recognition of the acts
done by foreign notaries. Under the notification dated
August 18, 1960, this section recognizes the existing reciprocity
of notirial acts between India and the United Kingdom.
Section 14 states, "If the Central Government is
satisfied that by the law or practice of any country or place
outside India, the notarial acts done by Notaries within India are
recognized for all or any limited purposes of that country or
place, the Central Government may, by notification in the official
gazette, declare that the notarial acts lawfully done by notaries
within such country or place 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."1
CODE OF CIVIL PROCEDURE, 1908
As stated under Section 139 of the Civil Procedure Code, it can
be inferred that the Notary Public is not a person competent to
administer oath to a deponent under that section.
Section 139:
"In the case of any affidavit under this Code -
-
Any Court or Magistrate,
or
Any officer or other person whom
a High Court may appoint in this behalf, or
Any officer appointed by any
other Court which the State Government has generally or specially
empowered in this behalf, may administer the oath to the
deponent."2
APOSTILLE AND / OR LEGALIZE
Brief history/introduction-
In 1961, many countries joined together to create a simplified
method of "legalizing" documents for universal
recognition. Apostille is accepted in 105 member-countries of the
Convention. Apostille is done for personal documents like
birth/death/marriage certificates, Affidavits, Power of
Attorney, etc. and educational documents like degree, diploma,
matriculation and secondary level certificates etc. Any
document Apostilled in one member country is acceptable in all the
other 104 member countries, signatory to the referred convention of
1961 thus, greatly simplifying the process of attestation by
obliterating the need to get the documents attested in each country
or for each of the countries separately.17
Legalization: The documents need to be
legalized in some countries that are not a part of the Convention.
The verification process is quite similar to apostillization;
however, there is a requirement of an additional Embassy
Legalization by the Consular Office of the country in which the
document is to be used. In other instances, there are countries
that require further authentication for international acceptance of
notarized documents over and above the Apostille.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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