Supreme Court of India · 1962-02-08
HOSHJAR SINGH vs GURBACHAN SINGH
- Citation / case number
- SC 1959/164
- Court
- Supreme Court of India
- Petitioner
- HOSHJAR SINGH
- Respondent
- GURBACHAN SINGH
- Bench
- DAS, S.K.
Judgment text excerpt
The Supreme Court held that in contempt proceedings for disobedience of a prohibitory order, it is not necessary to prove formal service of the order, as knowledge aliunde suffices. The Court found that the appellants, despite being informed of the stay order by interested parties, acted in contempt by dispossessing the respondent without official communication. The Court ruled that the appellants' belief of not being bound by the order was not a valid defense against contempt, but could be considered in sentencing. The High Court's warning instead of punishment was upheld.