Supreme Court of India
M/s Iveco Magirus Brandschutztechnik Gmbh v. Nirmal Kishore Bhartiya & Anr
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforesaid reasons, this Court held that the impugned order did not warrant interference.
Judgment, page 28
From the headnote
Issue for consideration: (i) Whether, while considering a private complaint alleging defamation, the Magistrate before summoning the accused ought to confi ne himself to the allegations forming par t of the petition only or he may, applying his judicial mind to the exceptions to s.499, IPC, dismiss the complaint holding that the facts alleged do not make out a case of defamation? (ii) Whether and, if at all, to what extent, is it open to the High Courts to exercise inherent power saved by s.482, Cr. PC to quash proceedings for defamation by setting aside the summoning order upon extending the
Authorities it was built on
- 2016 Subramanian Swamy v. Union of India, Ministry of Law & Ors.
- 1960 Vadilal Panchal v. Dattatraya Dulaji Ghadigaonker and Another
- 2012 National Bank of Oman v. Barakara Abdul Aziz & Anr.
- 1999 Rajendra Kumar Sitaram Pande Etc. v. Uttam and Another
- 2004 Jagdish Ram v. State of Rajasthan and Anr.
- 2010 Iridium India Telecom Ltd. v. Motorola Incorporated & Ors.
- 1981 Sewakram Sobhani v. R.K. Karanjia, Chief Editor, Weekly Blitz & Ors.
- 1995 The State of Maharashtra and Anr. v. Umashankar Rajabhau and Ors.
- 2010 Jeffrey J. Diermeier and Anr. v. State of West Bengal & Anr.
- 2008 M.A. Rumugam v. Kittu @ Kirshnamoorthy
- 2022 B.R.K. Aathithan v. Sun Group & Anr.
Where later benches applied it
- 2025 Shahed Kamal & Ors. v. M/s A. Surti Developers Pvt. Ltd. & Anr.
- 2025 Jaideep Bose v. M/s Bid and Hammer Auctioneers Private Limited
Of those, 1 relied on · 1 referred to
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