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Report No. 185 Section 85 Section 85 deals with 'presumption as to power-of-attorney'. It reads as follows: "85. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated." Powers of Attorney are governed by the Powers of Attorney Act, 1882. Under Section 57(6) of the Evidence Act, the Court is bound to take judicial notice of all seals of the functionaries mentioned therein including the seal of the Notary Public. Under the Notaries Act, 1952, Notaries Public could be appointed by the Central Government or the State Government for all recognized notarial purposes. Section 85 applies to Notaries Public of foreign countries also (see Jugraj v. Jaswant: AIR 1971 SC 761 followed in Abdul Jabbar v. Second Addl. Judge AIR 1980 All. 369 and N&G Bank v. World Science News AIR 1976 Delhi 263. (Sarkar 15th Ed., 1999 page 1234). Notary Public is also mentioned in Section 78 of the Evidence Act and Section 33 of the Registration Act, 1908, and Section 2(21) of the Stamp Act. There are some judgments after 1977 under this section but we do not propose to refer to them because we are in agreement with the 69th Report (see para 40.8) that no amendment of Section 85 is necessary. Section. 85A to 85C Sections 85A to 85C refer to presumptions of electronic records and digital signatures and were introduced in the year 2000. Sections 85A, 85B, 85C use the words 'shall presume'. These sections require no amendment.    |
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