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Vikas Dharmendra (Consultant)     20 September 2016

Judicial magistrate v/s executive magistrate

Learned Experts,

I want one clarification regarding https://lawmin.nic.in/la/subord/notaryrules.htm

please refer below text.

In Section 4-3(a) magistrat is a Executive Magistrate or Judicial Magistrate

4.  Application for appointment as a notary

(1)                               A  person  may  make  an application for appointment as a notary (hereinafter called "the applicant") in the form of a  memorial addressed to such officer or authority (hereinafter referred to as the "competent   authority")   of   the  appropriate  government  as  that government may, by notification in the Official Gazette, designate  in this behalf.

(2)                               The  memorial  shall  be drawn by a person referred to in clause (a) of rule 3 in  accordance  with  Form  I  and  by  a  person referred to in clauses (b) and (c) of the said rule in accordance with Form II.

(3)                               The memorial of a person referred to in clause (a) of rule 3  shall  be signed by the applicant and shall be countersigned by the following persons,-

            (a)  a Magistrate,

            (b)  a manager of a nationalised bank;

            (c) a merchant; and

                     (d) two prominent inhabitants of the local  area  within  which the applicant intends to practise as a notary



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     20 September 2016

Vikas what is your query?

Plz specify it.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 September 2016

Magistrate in the sense it is judicial magistrate 

Vikas Dharmendra (Consultant)     22 September 2016

      My Query is whether mentioned magistrate is Executive or Judicial (To Sign the memorial of Notary Application).

            (a)  a Magistrate,

            (b)  a manager of a nationalised bank;

            (c) a merchant; and

                     (d) two prominent inhabitants of the local  area  within  which the applicant intends to practise as a notary

Vikas Dharmendra (Consultant)     02 October 2016

I found follwing text.

Under the old CrPC, there was no distinction between the Executive and Judicial Magistrates; some states still follow the old CrPC.

https://en.wikipedia.org/wiki/Magistrate.

 

Please clarify

 

 

 


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