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Trade Marks Act, 1999

92. Procedure and powers of Appellate Board.-

(1) The Appellate Board shall not be bound by the procedure laid down in the Code of Civil Procedure., 1908 (5 of 1908) but shall be guided by principles of natural justice and subject to such provisions of this Act and the rules made thereunder, the Appellate Board shall have powers to regulates its own procedure including the fixing of places and times of its hearing.

(2) The Appellate Board shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-

(a) receiving evidence;

(b) issuing commissions for examinations of witnesses;

(c) requisitioning any public record, and

(d) any other matter which may be prescribed.

(3) Any proceeding before the Appellate Board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860), and the Appellate Board shall be ( 2 of 1974).

Trade Marks Act, 1999 Back

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