AI Overview...
- Nirmal Kishore Bhartiya - Main points and insights:
- Bhartiya Vehicles & Engineering Pvt. Ltd., associated with Rosenbauer International AG, was involved in a tender process and was made a party in related proceedings. The writ petition involving these parties was dismissed on 13th February 2009, with no challenge thereafter. Iveco Magirus Brandschutztechnik Gmbh VS Nirmal Kishore Bhartiya - Supreme Court
- In the context of legal proceedings, the Supreme Court in (2024) 2 SCC 86 emphasized that magistrates are bound to examine complaints and accompanying material before issuing process, particularly in defamation cases. The court highlighted that decisions proceed on two lines, considering allegations and evidence at the initial stages. Dinesh Katoch vs Paramjeet Kaur - Himachal Pradesh, P.Padmavathi vs State Of AP High court of A.P. Amaravathi - Andhra Pradesh, Priyanka Vijay Gwalani VS Vijay Inderlal Gwalani - Crimes
- The Supreme Court also examined whether exceptions to Section 499 (defamation law) could be considered at the stage of issuing process under Section 204 of the Criminal Procedure Code. It clarified that the notice published by the accused, intended to protect property rights and warn others, did not constitute defamation. Jiteshbhai Maganbhai Ukani vs State Of Gujarat - Gujarat
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The case involving Iveco Magirus Brandschutztechnik GmbH further illustrates judicial scrutiny of whether certain notices or communications can be deemed defamatory, emphasizing the importance of context and intent. Jiteshbhai Maganbhai Ukani vs State Of Gujarat - Gujarat
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Analysis and Conclusion:
- The references collectively demonstrate that the Supreme Court emphasizes a careful, evidence-based approach at the initial stages of criminal proceedings, especially in defamation cases. Courts are cautious in assessing whether allegations and notices meet the criteria for defamation, considering the context and purpose behind statements.
- The involvement of Bhartiya Vehicles & Engineering Pvt. Ltd. in legal proceedings related to tender disputes underscores the importance of procedural compliance and judicial review in such cases.
- Overall, Nirmal Kishore Bhartiya's case highlights the judiciary's stance on balancing free speech, property rights, and the protection against defamation, with a focus on the substance and intent behind communications.
Search Results for "Nirmal Kishore Bhartiya"
2023 7 Supreme 605 • India - Supreme Court
BELA M. TRIVEDI, DIPANKAR DATTA
(ii) The company of the complainant, Bhartiya Vehicles and Engineering Pvt. Ltd, was the Indian associate of one Rosenbauer International AG (“Rosenbauer” hereafter), another bidder in the aforementioned tender process. ... It is pertinent to note that Bhartiya Vehicles & Engineering Pvt. Ltd., and Rosenbauer were also made parties to the proceedings. The writ petition was finally dismissed on 13th February 2009 vide a detailed order, which was not challenged thereafter.
2025 Supreme(Online)(HP) 8058 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Nirmal Kishore Bhartiya, (2024) 2 SCC 86, that the MagistraHte is bound to look into the complaint and the accompanying material.
2025 Supreme(Online)(Kar) 29851 • India - Karnataka High Court
MR. M. NAGAPRASANNA, J
NIRMAL KISHORE BHARTIYA , [(2024)2 SCC 86] has held as follows: “…. …. …. 62.
2025 0 Supreme(Bom) 1096 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
Nirmal Kishore Bhartiya and anr. , (2024) 2 Supreme Court Cases 86 5.
2025 0 Supreme(HP) 1090 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Nirmal Kishore Bhartiya & anr., reported in 2023 Live Law (SC) 860. 12.
2025 Supreme(Online)(Jhk) 3642 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Nirmal Kishore Bhartiya , (2024) 2 SCC 86 while referring the ratio of Supriya Jain v. ... Nirmal Kishore Bhartiya , (2024) 2 SCC 86 (para 71). 14.
2025 0 Supreme(AP) 210 • India - IN THE HIGH COURT OF ANDHRA PRADESH
SMT JUSTICE V.SUJATHA, J
Nirmal Kishore Bhartiya, [(2024) 2 SCC 86] ”, held as follows: “In the context of a complaint of defamation, at the stage the Magistrate proceeds to issue process, he has to form his opinion based on the allegations in the complaint and other material (obtained through
• India - Crimes
S. M. MODAK
Nirmal Kishore Bhartiya and anr., (2024) 2 Supreme Court Cases 86. 5.
2024 0 Supreme(Cal) 243 • India - Calcutta
TIRTHANKAR GHOSH
. – Nirmal Kishore Bhartiya and Anr. reported in (2024) 2 SCC 86 it has been held as follows: “54. Undoubtedly, the decisions of this Court proceed on two lines. ... In Kishore Balkrishna Nand –Vs. – State of Maharashtra reported in (2023) 8 SCC 358 it has been observed by the Hon’ble Supreme Court in Paragraphs 2, 16 and 17 which are as follows: “2. ... State of Maharashtra, 2010 SCC OnLine Bom 2406] in Criminal Writ Petition No. 676 of 2009, by which the High Court rejected the writ petition filed by the appellant #HL_....
2025 0 Supreme(Guj) 1965 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Iveco Magirus Brandschutztechnik Gmbh Versus Nirmal Kishore Bhartiya , (2024) 2 SCC 86 the Hon’ble Apex Court while examining the question whether exception to section 499 could be considered at the stage of issue of process under section 204 of the a href=".. ... Such a conclusion cannot be culled out by a normal prudent person from a reading of the said notice which apparently was published by the said accused Nos. 1 and 2 to protect a right which they believe they have to the property and with a view to warn others th....
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