The Industrial Property Act, 2001
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without leave or good cause;
(d) he is adjudged bankrupt or enters into a scheme of composition or a
scheme of arrangement with his creditors;
(e) he is sentenced by a court to imprisonment for a term of six months or
more; or
(f) he is convicted of an offence involving dishonesty, fraud or moral
turpitude.
(9) In the event of vacation of office of any member appointed under this
section, the Minister may appoint another person to hold office for the unexpired period of the term of office of the member in whose place he is
appointed.
(10) If any member of the Tribunal appointed under this section is
temporarily unable to perform his duties, the Minister may appoint another
person to act in his place during the period of his absence.
Powers of the
Tribunal
114. (1) The Tribunal shall have powers to make any order for the purposes
of securing the attendance of any person, the discovery or production of any
document, or the investigation or punishment for any contempt of court,
which the court has power to make.
(2) Upon any appeal to the Tribunal under this Act, the Tribunal may: (a) confirm, set aside or vary the order or decision in question.;
(b) exercise any of the powers which could have been exercised by the
Managing Director in the proceedings in connection with which the appeal is
brought; or
(c) make such orders as to costs as it may deem fit.
Appeal to the
High Court
115. (1) Any party to the proceedings before the Tribunal may appeal in
accordance with the rules made under this Part from any order or decision of
the Tribunal to the High Court.
(2) Upon the hearing of an appeal under this section, the High Court may: (a) confirm, set aside or vary the order or decision in question;
(b) remit the proceedings to the Tribunal with such instructions for further
consideration, report, proceedings or evidence as the High Court may deem
fit to give;
(c) exercise any of the powers which could have been exercised by the
Tribunal in proceedings in connection with which the appeal is brought; or
(d) make such order as it may deem fit as to the costs of the appeal or of
earlier proceedings in the matter before the Tribunal.