TRADE MARKS.
Evidence.
No. 40 of 1909.
1815
50. In any proceedings under this Ordinance before the Registrar or the Governor, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which he shall think it right to do, the Registrar or the Governor may (with the consent of the parties) take evidence vivâ voce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
In case any part of the evidence is taken vivâ voce, the Registrar or the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a special referee of the Supreme Court.
51. Printed or written copies or extracts of or from the Register, purporting to be certified by the Registrar under his seal, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the originals.
52. A certificate purporting to be under the hand of the Registrar as to any entry, matter, or thing which he is authorised by this Ordinance to make or do, shall be primâ facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
Powers and duties of Registrar of Trade Marks.
53. Where any discretionary or other power is given to the Registrar by this Ordinance, he shall not exercise that discretionary power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving such applicant or registered proprietor an opportunity of being heard.