lPfNl1/GHA/T/l
Page 33
41. (1) The Registrar shall be given notice in writing (by the Registrar's
plaintiff, appellant or applicant, as the case may be) of any legal ~ppeara~ce
proceeding in which the relief sought wo uld affect the. register ~~oceedina$...
(including an appeal from any order or decision of the Registrar
and an application under section 17 or 18 of this Act to extend
the time for making an appeal against a decision of the Registrar
under either of those sections) and of the decision of the Court
respecting any such legal proceeding, and shall have the right to
appear and be heard, and shall appear if so directed by the Court,
in any such legal proceeding..
(2) Unless otherwise directed' by the Court, the Registrar in
lieu of appearing and being heard may submit to the Court a state...
ment in writing signed by him, giving particulars of the proceedings
before him in relation to the matter in issue or of the grounds of
any decision given by him affecting it or of the practice of the office
of the Registrar in. like cases or of such other matters relevant to
the issues, and within his knowledge as Registrar, as he thinks fit"
and the statement shall be deemed to form part of the evidence
in the proceeding..
48. (1) An appeal shall Iie to the Court from any order or decision Appeal to
of the Registrar under any provision of this Act (not being a decision theCourt..
of the: Registrar under section 3 of this Act) or from a correction
of an error in the register by the Registrar under subsection: (3)
of section 34 of'this Act, and the Courtmay make such order eonfirming, annulling or varying the order or decision or correction of
the Registrar as it thinks fits
(2) In any appeal from' a decision ofthe Registrar to the Court
under this Act, the Court may exercise the same discretionary
powers as under this Act are conferred upon the Registrar"
(3) Except by leave of the Court, no appeal (other than an
appeal under section 17 or 18 of this Act) from an order or decision
of the Registrar or from a correction of an error in the register by
the Registrar under subsection (3), of section 34 of this Act shall be
entertained of which notice to the Court is not given within one
month from the date of the order, decision or correction appealed
against or within such further period not, exceeding three months
as the Registrar, may allow (upon request received before the
expiration of the said period of one month).
(4) Subject to subsection (5) of this section, a decision of the
Court under this section shall be final and not appealable..
(5) By leave of the Court, an appeal from a decision of the
Court under this section shall lie to the Supreme Court on a specified
question of law,
'"
.
Court's
power to
review
Registrar's
decision.
49. The Court, in dealing with any, question of the rectification
of the register (including all applications under section 32 of this
Act), may review any decision of the Registrar relatingto the entry
in question or the correction sought to be, made.