Evidence Law - Litigating Hand

In re: KK Roy (Private) Ltd. [AIR 1967 Cal 636]: Calcutta High Court

Recognition of apostilled document despite India not having notified U.S.A as reciprocating country

32. The Notary is now internationally known today in the modern world of commerce, industry and dealings between different nations and countries. Reciprocity between different countries is its essential basis. Without this reciprocity and mutual respect the whole system and rationale of notarial acts will break down, to the great detriment of commercial transactions throughout the world and their due administration by courts of law in different countries and will jeopardise international commerce, law merchant and administration of justice. It is precisely to provide facilities of receiving affidavits, documents, protests of bills of exchange and other commercial papers that this institution of Notary Public grew up to fulfil a very practical need. Unnecessary or illogical impediments should not be put on his way. No doubt that does not mean that law of the Courts should not ensure reasonable authenticity and dependability of notarial acts. When I find that this notarial act of Elizabeth Levy has been certified by the County Clerk and by the Clerk of the Supreme Court of New York, the Court of Record under its seal, and when I find that this Notary public is authorized to administer oath by the laws of the State of New York, U. S. A. and further that there is the certificate of the Consulate General of India, an office recognized expressly by Section 3 of the Indian Diplomatic and Consular Officers (Oath and Fees) Act 1948 to administer oath and take affidavit, then the dependability and authenticity of such notarial act are in my judgment sufficiently ensured and cannot be doubted.