FIR Quashed: Government Complaint Rquired Against Notary

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In the judgment of Deepak v. State of Himachal Pradesh, the High Court quashed criminal proceedings against a Notary Public accused of abetting a child marriage, ruling that Section 13 of the Notaries Act, 1952, creates an express legal bar against taking cognizance of offenses allegedly committed by a Notary in their official capacity without a specific government complaint.

Case Background: Attestation vs. Abetment

The petitioner, a Notary Public, was booked under Section 10 of the Prohibition of Child Marriage Act, 2006, for allegedly abetting the marriage of a 19-year-old man and a 20-year-old woman. The prosecution’s case was that the petitioner, by attesting the couple’s marriage affidavits, had facilitated a child marriage despite the groom being below the legal age of 21. The petitioner contended that he merely performed his official duty of attesting the affidavits after the parties were identified by independent witnesses who claimed they were majors.

The Statutory Bar under Section 13

The Court’s decision turned on the mandatory procedural requirements of the Notaries Act:

  • Express Legal Bar: Section 13(1) stipulates that no court shall take cognizance of any offense committed by a Notary in the exercise of their functions except upon a complaint in writing made by an officer authorized by the Central or State Government.
  • Invalid Cognizance: In this case, the proceedings were initiated based on an FIR lodged by the girl’s mother, not an authorized government official. The Court held that in the absence of a complaint from the competent authority, the trial court was legally forbidden from taking cognizance.
  • Functional Protection: The Court clarified that the act of attesting an affidavit is a function performed under the Notaries Act. Therefore, the protection of Section 13 applies regardless of whether the alleged offense is under the Notaries Act or any other enactment.

Judicial Reasoning: Protecting the Notarial Profession

Justice Sandeep Sharma emphasized the legislative intent behind protecting Notaries:

  • Limited Responsibility: A Notary is not expected to know the absolute truth behind every document or the personal details of every individual brought before them for entries in their register.
  • Vulnerability to Implication: Without such protection, Notaries would be constantly roped into criminal cases involving cheating, property disputes, or commercial crimes simply for performing their clerical duties.
  • Abuse of Process: Relying on the Bhajan Lal principles, the Court held that continuing the prosecution when an “express legal bar” exists would constitute an abuse of the process of law.

Final Mandate

The High Court concluded that the prosecution against the Notary was “bound to fail” due to the procedural defect. Consequently, it quashed FIR No. 91/2024 and all subsequent proceedings specifically regarding the petitioner.

STPL (Web) 2026 HP 100

Deepak V. State of Himachal Pradesh And Another (D.O.J. 20-03-2026)

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Plaint Amendments: SC Rules on Late-Stage Amendments and the Discovery of Unknown Decrees

October 14, 2026 No Comments

This civil appeal challenged an order of the Orissa High Court which declined to interfere with a trial court order rejecting an application under Order VI Rule 17 of the CPC for amending a plaint in a long-standing title suit. The original plaintiff had sought to incorporate foundational pleadings regarding a compromise decree in a separate suit (T.S. No. 105 of 1998) which he discovered later and which purportedly affected a portion of the suit property. The Supreme Court allowed the appeal and set aside the orders of the High Court and trial Court, holding that the statutory requirement of “due diligence” under the proviso to Order VI Rule 17 was satisfied because the plaintiff was not a party to the prior compromise suit and only discovered it upon obtaining certified copies. The Court emphasized that a liberal approach should be adopted to prevent multiplicity of proceedings, leaving all questions regarding limitation, maintainability, and the applicability of Order XXIII Rule 3A open for the trial court to determine.

  • Nature of the Original Dispute: The litigation originates from C.S. No. 86 of 2009, filed by the original plaintiff (predecessor of the appellants) seeking a declaration of right, title, interest, recovery of possession, and rectification of registered sale deeds concerning a 0.12-acre property.
  • Discovery of Compromise Decree: During the proceedings, upon searching records following written statements filed by defendants, the plaintiff discovered a compromise decree passed in T.S. No. 105 of 1998 to which he was a stranger, affecting a portion of the suit plot.
  • Satisfaction of Due Diligence: The Supreme Court noted that the explanation regarding the date of knowledge and procurement of certified copies on June 22, 2020, adequately fulfilled the due diligence requirement under the proviso to Order VI Rule 17, and the amendment did not fundamentally alter the nature of the suit.
  • Preservation of Legal Defences: While allowing the amendment subject to costs of Rs. 25,000, the Court explicitly clarified that it was not deciding on the merits, limitation, or the bar under Order XXIII Rule 3A of the CPC, leaving all such statutory objections open for the contesting respondents to raise before the trial court.

2026 INSC 1112

Haramani Sahoo and Others v. Lalita Nayak and Others (D.O.J. 12.10.2026)

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Unravelling Non-Signatory Liability: SC Rules on Veritable Parties and the Reach of Arbitration Agreements

October 14, 2026 No Comments

This civil appeal challenged a portion of a High Court order under Section 11 of the Arbitration and Conciliation Act, 1996, which had declined to include the 3rd and 4th respondents in ongoing arbitration proceedings on the ground that they were non-signatories to the original arbitration agreement. The Supreme Court allowed the appeal in part, modifying the High Court’s order to hold that the 3rd and 4th respondents are veritable parties to the dispute on a prima facie view. The Court reasoned that the ownership of the subject commercial asset hinges entirely on whether a disputed 1995 retirement deed is valid, which directly impacts the subsequent partnership deeds under which the 3rd and 4th respondents claim rights. Consequently, non-signatories intimately linked to the subject matter and core commercial obligations cannot be shut out at the threshold, leaving all questions of limitation and estoppel open for the Arbitral Tribunal to decide.

  • The Core Property Dispute: The litigation revolves around a 3,500 sq. ft. commercial property in Worli, Mumbai, originally acquired by a partnership firm governed by a 1985 partnership deed containing an arbitration clause.
  • The Chain of Reconstitutions: Appellants claimed they never retired and that a 1995 retirement deed was forged, whereas subsequent reconstitutions led to the 3rd and 4th respondents being inducted as partners into a later incarnation of the firm.
  • Application of Cox & Kings Principles: Drawing from the Constitution Bench precedent in Cox & Kings Limited, the Supreme Court noted that arbitration law is autonomous, and courts must not adopt an overly rigid approach to exclude non-signatories whose conduct, relationships, and involvement tie them to the underlying contract.
  • Prima Facie Status and Tribunal’s Jurisdiction: While the referral court must enter a prima facie satisfaction that a non-signatory is a veritable party, detailed contentions regarding limitation, estoppel, and whether the non-signatories are ultimately bound must be left for the Arbitral Tribunal to determine.

2026 INSC 1111

Hemant D. Shah HUF & Anr. v. Chittaranjan D. Shah HUF & Ors. (D.O.J. 12.10.2026)

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When E-Payments Meet Paper Rules: SC Quashes Tender Rejection Over “Original” Bid Security Demands

October 14, 2026 No Comments

This civil appeal challenged a Division Bench judgment of the Patna High Court which had affirmed the rejection of the appellant’s technical bid for an Engineering, Procurement, and Construction (EPC) rail link project. The respondent authorities rejected the bid because the appellant failed to submit the “original” of the bid security, as stipulated under Clause 2.20.6(ii) of the Request for Proposal (RFP), despite the appellant having remitted the security via the official e-payment gateway and uploading its digital receipt. The Supreme Court allowed the appeal and set aside the High Court’s order, holding that demanding the physical production of an original receipt for an e-payment—where funds have already directly entered the government’s account—is a legal perversity and an impossibility. The Court ruled that rigid adherence to paper-form rules cannot be used to invalidate an e-payment bid security, and consequently directed that the appellant’s bid be processed.

  • Nature of the Dispute: The appellant’s bid for the Bikramshila-Katareah New Line Rail Link Project was disqualified at the threshold because it did not physically submit an original document for its bid security.
  • The e-Payment Exception: While instruments like Bank Guarantees or Demand Drafts necessitate physical handover to establish a legal lien, the appellant chose the e-payment gateway option, transferring funds directly to the respondents and uploading the digital receipt.
  • Perversity of Rigid Compliance: The Supreme Court observed that insisting on an “original” physical copy for a digital money transfer creates an impossible compliance requirement. The Court noted that this constitutes a clear perversity, falling under the recognized exception to the general rule that courts must defer to an awarder’s tender interpretations.
  • Final Directions: The Supreme Court set aside the lower orders, instructing the respondents to facilitate a re-remittance or renewal of the bid security within a specified timeframe so that the appellant’s financial bid could be opened and evaluated alongside others.

2026 INSC 1110

Hardev Construction Private Limited v. Union of India & Ors. (D.O.J. 12.10.2026)

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Supreme Court Clarifies Jurisdiction When Arbitration Clauses Point to Multiple Locations

October 14, 2026 No Comments

This civil appeal challenged an order passed by the Delhi High Court under Section 11(6) of the Arbitration and Conciliation Act, 1996, which had appointed an sole arbitrator and left the venue choice to them. The Supreme Court allowed the appeal, setting aside the Delhi High Court’s order on the ground that the High Court lacked territorial jurisdiction. The Apex Court held that when an arbitration clause designates multiple locations (such as both Delhi and Goa), the designation alone cannot automatically determine the juridical seat. By reading the agreement as a whole alongside the governing law and jurisdiction clause (which exclusively vested jurisdiction in the courts of Goa), the Court concluded that Goa was the true juridical seat of arbitration while Delhi was merely a venue, meaning only the jurisdictional High Court of Goa could entertain applications under Section 11.

  • Dual Locations in Dispute: Clause 32 of the Franchise Agreement mentioned both Delhi (as the location for holding arbitration under Clause 32.4) and Goa (as the place where arbitration proceedings will be held under Clause 32.5).
  • Application of the Seat vs. Venue Test: Under the principles established in BGS SGS SOMA and Arif Azim Company Limited, a venue can only be construed as the juridical seat if it designates a single place, anchors the proceedings without scope of change, and lacks contrary indicia. Because two separate places were mentioned, the venue could not automatically be treated as the seat.
  • Harmonious Construction and Governing Law: To resolve the apparent conflict, the Court examined Clause 38 of the agreement, which explicitly conferred exclusive jurisdiction to the competent courts in Goa.
  • Final Ruling: The Supreme Court ruled that the parties intended Goa to be the juridical seat, rendering Delhi merely a convenient venue. Consequently, the Delhi High Court erred in entertaining the Section 11(6) petition, and the parties were granted liberty to approach the appropriate jurisdictional High Court.

2026 INSC 1109

Arcis Clean Energy Pvt. Ltd. v. Parshva Innovation (D.O.J. 12.10.2026)

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