Subject to any rules made under section 44, 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 Controller thinks it right so to do he may take evidence viva voce in Heu of or in addition to evidence by affidavit or may allow any party to be cross examined on the contents of his affidavit.
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 there under 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; Printed or written copies or extracts, purporting to be certified by Controller and sealed with the seal of the patent office, of documents in the patent office, and of or from registers and other books Kept there, shall be admitted in evidence in all courts in India, 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.
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ADVERTISEMENTS:
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.
If any person, is by reason of infancy, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian,
committee or manager (if any) of the person subject to the disability, or, if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.
ADVERTISEMENTS:
An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.