Topic

Stay of Proceedings

5 articlesLatest 2 weeks ago
Trade Marks Act Section 124 | Stay Refused Where Invalidity Not Pleaded in Written Statement & Rectification Filed Before Registrar : Bombay HC
Case Law Analysis

Trade Marks Act Section 124 | Stay Refused Where Invalidity Not Pleaded in Written Statement & Rectification Filed Before Registrar : Bombay HC

The Bombay High Court denied a stay under Section 124 of the Trade Marks Act because the defendants neither pleaded invalidity of the plaintiff's registered marks in their written statement nor filed rectification proceedings before the High Court, opting instead for the Registrar. The ruling clarifies that both procedural prerequisites are mandatory for a stay application.

Section 10 CPC | Parallel Divorce Petitions on Cruelty Grounds Do Not Trigger Stay of Proceedings : MP HC
Case Law Analysis
|Madhya Pradesh High Court

Section 10 CPC | Parallel Divorce Petitions on Cruelty Grounds Do Not Trigger Stay of Proceedings : MP HC

Madhya Pradesh High Court rules that parallel divorce petitions alleging cruelty, filed by both spouses, do not meet the 'directly and substantially in issue' test under Section 10 CPC. The Court upheld the trial court's refusal to stay proceedings, emphasizing that incidental or collateral issues cannot invoke the stay provision, impacting divorce litigation strategy.