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....3 to 24 for permanent injunction and compensation of Rs.1 crore for trespass, nuisance and damages allegedly made by appellant-Defendant No.1. It is stated that respondents No.3 to 6 are present...Suit No.2865 of 1994 to direct the appellant (defendant No.1) to pay a sum of rupees one crore to the trust together with interest @ 24% per annum and for permanent injunction restraining the...till the date of payment or realization. By the said ex-parte decree dated 07.10.2003, the Court also granted relief in terms of Clause (b), (c) and (g) (i.e. permanent injunction, mandatory injunction...
...the responsibility on to the Municipality by contending that, if the latter would improve the drain, there would be no nuisance. It was also held that an injunction for the permanent stoppage of the...nuisance was the only effectual remedy in the case. It was further held that substantial damages should be awarded against a defendant, who has persisted in a nuisance causing material injury to the...comforts of human life, there would always be a question whether the court would proceed against him who causes that nuisance by injunction, or compensate the sufferer in damages...
...private nuisance. The remedies for private nuisance are (1) abatement, (2) damages, and (3) injunction. In order to obtain an injunction it must be shown that the injury complained of as present or...impending is such as by reason of its gravity, or its permanent character, or both, cannot be adequately compensated in damages. If the injury is continuous the court will not refuse an injunction because...power by issuing an injunction. The trial court also observed that if the operation of bhatti by Defendant 1 was a source of nuisance to the neighbours or any other persons, an objection could be...
...Ayurveda and Hindus. On 29th May, 2021, the respondent/plaintiff filed a suit for damages and defamation and sought a permanent injunction against the appellant on the ground of public nuisance and..." being caused to the respondent/plaintiff, in the absence of an injunction order. According to the appellant, since no damages for defamation, through a class, is maintainable and no injunction can be..., 1963 on the ground of "nuisance", as final adjudication would be required to determine whether the act of the appellant was in actual fact a "nuisance". Thus, a final relief seemed to have been...
...officers claiming damages in a sum of rs. 2,50,000/ - and for a permanent injunction restraining the said officers from committing nuisance or harassing the plaintiffs. In i. A. No. 740/85 the learned...a direction that the respondents should not send constable? to the petitioners' clinic or to their residence and not to cause nuisance or prevent the petitioners from taking recourse to judicial...reference to the allegations in the affidavit. I also granted an interim injunction retraining the respondents from causing nuisance and anno/an;e and arresting the petitioners in connection with crime no...
...permanent injunction restraining the defendant and his men from causing any nuisance or other wrongful acts affecting the interests of the stakeholders of the plaintiff company and to direct the defendant to...are entitled to a decree of permanent injunctions against the defendant from making false and frivolous allegations and there by tarnishing the reputation of the plaintiff. As far as damages is...suit is decreed with costs for permanent injunction restraining the defendant from making false and frivolous allegations against the plaintiff and from committing any nuisance or other wrongful acts...
...fall in the category of private nuisance. The remedies for private nuisance are (1) Abatement, (2) Damages, and (3) Injunction.
In order to obtain an injunction it must be shown that the...injury complained of as present or impending is such as by reason of its gravity, or its permanent character, or both, cannot be adequately compensated in damages. If the injury is continuous, the Court...from exercising a statutory power by issuing an injunction. The trial Court also observed that if the operation of bhatti by the defendant No. 1 was a source of nuisance to the neighbours or any other...
...1. These two Appeals arise out of si it O.S No. 148 of 1966 on the file of the District Munsif, Kakinada, which was a suit for mandatory and permanent injunctions and for awarding damages...the foundry during nights i.e, between 6.00 p.m to 6-00. a.m and from causing nuisance and annoyance of any kind in future and for recovery of a sum of Rs. 200 from the defendants by way of damages for...was not entitled to recover any damages, however granted a mandatory injunction holding that the nuisance complained of by the plaintiff is true and actionable to the extent it is covered by notice...
..., and accordingly answered the issue regarding the construction of permanent nature in the negative. The learned Judge also negated the grounds of nuisance and waste and damages. The Trial Judge held...framed issues as regards the sub- tenancy, additions and alterations of permanent nature, nuisance and acquisition of suitable residential accommodation by Defendant No.1. The Appellate Court came to the...episode has caused permanent waste to the suit premises besides being a permanent alteration done without the landlord's permission and a source of nuisance caused
48/53...
...permitted by Matadin, and accordingly answered the issue regarding the construction of permanent nature in the negative. The learned Judge also negated the grounds of nuisance and waste and damages...were no permanent alterations. No nuisance was caused. Rent in respect of the suit premises was not collected by the Plaintiffs and when sought to be tendered, it was refused, therefore, there was no.... 17. The Appellate Court framed issues as regards the sub- tenancy, additions and alterations of permanent nature, nuisance and acquisition of suitable residential accommodation by Defendant No.1...
...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...”.3. The Magistrate, whose activist application of Section 133 CrPC, for the larger purpose of making the Ratlam municipal body do its duty and abate the nuisance by affirmative action, has our...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...
..., and accordingly answered the issue regarding the construction of permanent nature in the negative. The learned Judge also negated the grounds of nuisance and waste and damages. The Trial Judge held...framed issues as regards the sub- tenancy, additions and alterations of permanent nature, nuisance and acquisition of suitable residential accommodation by Defendant No.1. The Appellate Court came to the...episode has caused permanent waste to the suit premises besides being a permanent alteration done without the landlord's permission and a source of nuisance caused
48/53...
...party has hereby deposited as security a sum of Five Hundred Rupees only with the second party and for any breach of conditions set forth hereinbefore, the first party shall be liable to pay damages to...State alleged that the respondent had committed a breach of the contract by making short delivery of rice and demanded payment of damages assessed at Rs 7344.16 by the Deputy Commissioner. As the...respondent failed to pay the damages the State initiated proceedings under the Revenue Recovery Act to recover the amount as if it were arrears of land revenue. The respondent filed a suit to challenge...
...possible, fully and adequately restore the claimant to the position prior to the accident. The object of awarding damages is to make good the loss suffered as a result of wrong done as far as money...can do so, in a fair, reasonable and equitable manner. The court or the Tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some...(HL).]6. The heads under which compensation is awarded in personal injury cases are the following:Pecuniary damages (Special...
..., the Board fixed the permanent disability at 40%. The High Court adverted to the concept of “just compensation” and opined that the quantum of damages fixed should be proportionate to the injuries caused...assessment of damages in personal injury actions, reproduced the following passage from the decision by the House of Lords in H. West & Son Ltd. v. Shephard 1964.... 631 D-G)“My Lords, the damages which are to be awarded for a tort are those which ‘so far as money can compensate, will give the injured party reparation for...
...Ramaswami, J.— These appeals arise out of 3 suits for damages filed by the heirs of three persons, namely, Shri Ram Parkash, Shrimati Panni Devi and Sant Gopi Chand who died...negligent in looking after and maintaining the Clock Tower and was liable to pay damages for the death of the persons resulting from its fall. It was contended, in the first place, by Mr Bishen Narain on...structures fall into disrepair so as to be of potential danger to the passers-by or to be a nuisance, the owner is liable to anyone using the highway who is injured by reason of the disrepair. In such a case...
...property and commit any damages and from putting waste materials and prevent him from causing nuisance to the plaintiff's peaceful possession in the suit property. Pending suit, the defendant filed an...is the defendant in the above suit. The respondent as plaintiff filed the suit in O.S.No.90 of 2019 for a decree of permanent injunction restraining the defendant from trespassing into the suit...
...out as one entitling for non-pecuniary damages; (3) An injured, who sustained a disability is entitled to claim Compensation under the head “Permanent Disability”. If the resultant deprivation is...Corporation Limited namely, whether Compensation could be awarded separately on account of Permanent Disability and also on account of Loss of Earning Capacity. There being conflict of opinions by two.../- towards Extra-Nourishment and Rs. 30,000/- as Compensation towards Pain and Suffering. It was found that he suffered 50% partial Permanent Disability. Therefore, towards this head the Tribunal awarded Rs...
...on 19.8.2013. However, after this repair, the A.C. started working but the compressor is creating intolerable noise, which is permanent nuisance to the complainant, his family and also to his neighbours. The ops are liable to replace the defective air conditioner and also to pay Rs.50000/- as damages for...
.... Therefore, the appellant minor daughter and the appellant father were determined with 30% permanent disability and the appellant minor son was determined with 20% permanent disability by the doctor who....
Future loss of income due to permanent disability
Rs 67,500 (30% of Rs 2,25,000)
Rs 45,000 (20% of Rs 2,25,000)
Rs 81,000 (30% of 2,70,000)
5...fault. Therefore, the High Court set aside the deduction arising out of the contributory negligence from the compensation determined towards the permanent disability for the appellant minors. The High...