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february 1962

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.

HOSHJAR SINGH vs GURBACHAN SINGH · Niyam