...and public nuisance and active neglect. The Sub-Divisional Magistrate, Ratlam, was moved to take action under Section 133 CrPC to abate the nuisance by ordering the municipality to construct drain...houses also. This way all works done by the non-applicants i.e construction of drain, canal and road come within the purview of public nuisance. The non-applicants have given no response to the...duty by showing other one responsible for the same, whereas all the non-applicants are responsible for the public nuisance.”5. Litigation is traumatic and so...

...a shop in certain premises where they make ice cream. The ice cream is made in a refrigerator. It is said that the noise created by the working of the refrigerator constitutes a public nuisance.3.... The defence taken is that the noise made is not a public nuisance. The learned Magistrate, as I stated before, has passed an order restraining the petitioners from working this machine for...the alleged nuisance, if it be a nuisance at all is not a public nuisance and therefore proceedings under Section 133 of the Cr PC, to abate the nuisance are not permissible. His contention is that...

...institution known as the The Society carried on philanthropic work by rescuing unfortunate women and giving them protection in the premises where, it is alleged by the prosecution, this public nuisance has...been committed. The Petitioner is the Secretary of this Association and he lives at Calcutta. He goes to the house occasionally. He denies that there was any public nuisance committed and in any...event he states that he cannot be made liable for committing any public nuisance upon the evidence adduced.4. The trial Magistrate convicted the Petitioner and this conviction has been...

...this view of the matter, learned SDM, Sakoli, held that the applicants proved public nuisance and physical discomfort to them. Consequently, learned SDM, Sakoli, proceeded to pass an order under Section...the conclusion that the learned SDM committed error in holding that the business of the non-applicant causes public nuisance. He further held that the learned SDM ignored the evidence adduced on...classified into four categories. Sections 129 to 132 come under the category of “unlawful assemblies”. Sections 133 to 143 come under the category of “public nuisance”. Section 144 comes under the category...

...1. This rule has been obtained for the purpose of setting aside a conviction and sentence passed upon the petitioners for committing a public nuisance by obstructing a navigable river...guarded by men for the purpose of seeing that no accidents happen. The first question, and in fact the only question, is whether this is a public nuisance under Section 268 of the...who interferes with the free navigation of it, without any right to do so, commits a public nuisance. It is admitted that this obstruction extends over the whole width of the river with the exception...

...has remarked that the placing of a charpoy on a public road does not amount to a public nuisance if there is no intention of obstructing traffic. Section 283 however does not refer either to a public...public nuisance in the right sense of the term. 2. The learned commentator however goes on to say that if the act or omission has the effect mentioned in the section, that is to say, if...it causes danger, obstruction or injury to any person in any public way or public lane, it constitutes a public nuisance. The section is enacted to protect persons in the exercise of their public...

...the provisions of Sec. 133 of the Code.6. Public nuisance has been defined in Sec. 268 of Indian Penal Code, which reads:“268. Public nuisance — A person is guilty of a...public nuisance, who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the...that it causes some convenience or advantage.”7. If we go by that definition, in order to constitute public nuisance there must be common injury, danger or annoyance to the public or to...

...for an individual member of the public to allege and prove special damage to sustain a suit commenced by him in respect of a public nuisance. It has further been argued that the lower Appellate Court...seeks declaration and injunction in respect of a public nuisance. According to the findings of the Courts below, there was an encroachment by the Defendant District Board upon the public road which had...the effect of withdrawing a part of the highway from the use of the public. Under the English common law a public nuisance is an indictable misdemeanour; criminal proceedings are also sanctioned by...

....12. The provisions of Section 133 of the Code can be called in aid to remove public nuisance caused by discharge of effluents and air discharge.... Sections 129 to 132 come under the category of ‘unlawful assemblies’. Sections 133 to 143 come under the category of ‘public nuisance’. Section 144 comes under the category of ‘urgent cases of...physical comfort. It itself deals with physical comfort to the community and not with those acts which are not in themselves nuisance but in the course of which public nuisance is committed. In order to...

...encroachments on the public road and therefore to amount to public nuisance within the meaning of section 268 of the Indian Penal Code. On the facts which do not appear to...have been disputed section 290 has no application whatever. The act made penal by that section is a public nuisance not otherwise punishable by the Indian Penal Code. Section...368 defines public nuisance as an act or illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or...

...for offences under Sec. 268 and 290 IPC.2. Arguments of the learned counsel for the parties have been heard. Section 268 IPC refers public nuisance and under the said section a person...is guilty of a public nuisance who does any act or is guilty of illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy...nuisance in cases not otherwise provided for and it provides that whoever commits a public nuisance in any case not otherwise punishable by the Indian Penal Code, shall be punished with fine which may...

...thus possesses some of the elements which constitute a public nuisance; but unless the omission is an illegal omission, the definition of a public nuisance is not satisfied. In...

...The Judgment of the Court was delivered byRadhakrishnan, J.:— This writ petition has been preferred to abate a public nuisance. Petitioner is a social worker who is...through the road causing danger to the pedestrians, travelling public etc. The land and the building thereon is really a public nuisance.6. Petitioner, in the above-mentioned...really a public nuisance causing danger to the general public. For abating the public nuisance we permitted the parties to sit together to resolve the issue through negotiation and adjourned the...

...petitioner and the learned Additional Public Prosecutor appearing for the respondents and 2. 3. The petitioner complains of public nuisance and requires the...and there is no public nuisance. 5. Suffice to say for the present that the public nuisance of this nature does not depend on ownership over the property. Even the...existence or absence of public nuisance in the instant case. http://www.judis.nic.in 36. The learned Additional Public Prosecutor submitted that the matter would be...

...purposes of bakery and by raising the quantity of furnace, created public nuisance, smoke and also increased heat which caused damage to the walls and roof of the nearby houses on account of the gas and...heat. Therefore, a complaint under Section 133, Cr. P.C. was submitted by the petitioner before the A. D. M., who after investigation found that it is public nuisance and vide...landlord has filed this petition under Section 133, Cr. P. C. regarding public nuisance, although few witnesses and neighbours have been examined and they have supported the...

...respondent units preliminary orders under Section 133 of the Code of Criminal Procedure directing them to close their industries as it was alleged that they were creating public nuisance by water and air...Pollution) Act, 1981 impliedly repeal the provisions of Section 133 of the Code of Criminal Procedure so far as allegations of public nuisance by air and water pollution by industries or persons covered...

...that such activity carried out by the said respondents would result in public nuisance as according to them another school known as St. Anne's School was already existing in the vicinity of the said...school and in view of the activity being indulged by the respondent nos. 1 and 2, there was traffic congestion resulting in public nuisance. The appellants further contended that the said activity is...such public nuisance the appellants approached the concerned Dy. Collector to take necessary action which they have failed to do. Thereafter, the appellants contended that they have approached the...

...therefore a public nuisance. It is a well-known rule that a private action cannot be maintained in respect of a public nuisance save by a person who suffers particular damage beyond what is suffered by him in...

...1. In this case, the applicant has been found guilty of committing public nuisance, as defined in Section 268 of the Indian Penal Code, and has been punished...created an annoying sight." The Magistrate has not found that the meat was in an offensive state, but he has convicted the applicant of committing a public nuisance, on the ground that he had done an...so, it was a case of private rather than of public nuisance, and, therefore, not one falling within the purview of the criminal law-The King v. Lloyd 4 Esp., 199. The annoyance, moreover, such as it...