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).