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september 1962

Supreme Court of India · 1962-09-13

Mrs. V. G. PATERSON vs Mr. O. V. FORBES & OTHERS

Citation / case number
SC 1961/34
Court
Supreme Court of India
Petitioner
Mrs. V. G. PATERSON
Respondent
Mr. O. V. FORBES & OTHERS
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that properties in the hands of an executrix cannot be legally attached for securing the arrest of a contemnor, as they remain unadministered assets of the estate until formally handed over. The Court ruled that the attachment order was invalid, thus negating the application of Section 88(7) of the Code of Criminal Procedure, 1898. Consequently, the properties could not be deemed at the disposal of the Government, and the Court emphasized that even if the properties belonged to the contemnor, the provisions of Sections 87 and 88 were not applicable in contempt proceedings.

Mrs. V. G. PATERSON vs Mr. O. V. FORBES & OTHERS · Niyam