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[Cites 0, Cited by 0] [Section 70] [Entire Act]

Union of India - Subsection

Section 70(3) in Designs Act, 1911

(3)The 2[Central Government] may, if 2[it] thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the 2[Central Government] shall be final. Evidence, etc. 4[70A.Evidence before the Controller. Subject to any rules made under section 77, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit, in the absence of directions by the Controller to the contrary ; but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.]Certificate of Controller to be evidence. 71.Certificate of Controller to be evidence. A certificate purporting to be under the hand of the Controller as to any entry, matter or thing which he is authorized by this Act, or any rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone. 5[71A.Evidence of documents in Patent Office. Printed or written copies or extracts, purporting to be certified by the Controller and sealed with the seal of the Patent Office, of 6*** documents in the Patent Office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in 7 [India), --------------------------------------------------------------------- 1 ins. by Act 7 of 1930, s. 28 the A.0. 1937. 2 Subs. by the A.0. 1937. 3 Subs. by Act 7 of 1930, s. 28. 4 Ins. by Act 12 of 1939, s. 16. 5 Ins. by s. 17, ibid. 6 Certain words omitted by Act 39 of 1970, s. 162 and Sch. (w.e.f. 20- 4-1972). 7 Subs. by Act 32 of 1950, s. 2. ----------------------------------------------------------------------- 19 and in all proceedings, without further proof or production of the originals : Provided that a Court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.]Transmission of copies of specifications, etc., and inspectionthereof. 72. [Transmission of copies of specifications, etc., and inspection thereof.] Rep. by the Patents Act, 1970 (39 of 1970), s. 162 and Sch. (w.e.f. 20-4-1972).Applications and notices by posts. 73.Applications and notices by posts. Any application, notice or other document authorized or required to be left, made or given at the Patent Office or to the Controller, or to any other person under this Act, may be sent by post.Declaration by infant, lunatic, etc.