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CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits

In a civil suit between Rohan Semicon Ltd and Tanvi Microsystems Ltd, neither involving the Registry, Rohan wants the Registrar summoned to produce the register to prove an entry. A certified copy issued under the Act can prove the entry. What is the position?

The Registrar is not compellable to produce the register or appear as a witness to prove its entries in proceedings where he is not a party, since a certified copy can prove them. The exception is where the court orders otherwise for special cause.

  1. AThe Registrar must appear as a witness on request of either party
  2. BThe Registrar can be compelled only by the Central Government
  3. CThe Registrar is not compellable unless the court so orders for special causeCorrect
  4. DThe Registrar is never compellable under any circumstances

Explanation

Section 81 says the Registrar or any Registry officer, in proceedings to which he is not a party, is not compellable to produce the register or documents provable by certified copy, or to appear as a witness to prove recorded matters, unless by court order made for special cause. 'Never compellable' ignores that exception.

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