...suit ho partly granted the relief asked for which eras based upon a complaint of conduct amounting to trespass and nuisance, and gave a small award in damages. It is to be noted that the two...1. These are appeals from a joint judgment of the Additional Judge of Nadia, allowing an appeal from a judgment of the Munsif at Krishnagar and dismissing two cross-appeals from the same...Munsif in a connected case. 2. In both disputes which were quarrels between neighbours in relation to a boundary, an injunction and damages were sought. In the first case which the...

.... Moreover, since the construction has been made on the basis of sanctioned plan the right of an adjoining owner to file suit in case of encroachment, trespass and nuisance is not maintainable...Soumen Sen, J.:— Although the ex parte ad interim order of injunction was not happily worded and reasons are lacking, but the appellate Court by an order dated 10th May, 2012 considered...the matter on merits and on the reasoning that a prima facie case has been made out dismissed the appeal preferrred against the ex parte ad interim order.Learned counsel for the...

...into his neighbour's sub-soil. 7. This liability has been supported on the law of nuisance and not on the law of trespass, so that it is independent of the requisite intention which is...trespass and nuisance is the old distinction between trespass and case. Trespass is a direct entry on the land of another but in nuisance the entry is only consequential. For example, to ...is a nuisance and not a trespass if the branches of a tree, growing on the land of ote man, overhang his neighbor's land, or if the roots burrow info his land and damage his buildings...

...in this context that we have to examine the three grounds, namely, (1) misuser, (2) nuisance, and (3) trespass, on which the temporary injunctions were granted by the learned Single Judge against the...possession, cannot sue for trespass and that the alleged exceptions to this rule are unreal.” (Law of Tort, 8th Edition, page 332). According to Salmond, “trespass and nuisance are essentially injuries to.... . . may sue for any trespass or nuisance if, and only if, it actually affects his reversionary interest; and in general this is so only if the effects of the injuries so committed are permanent...

...and causing public nuisance; that the Petitioner association decided to prevent such trespass and nuisance and made enquiries for ascertaining the status of the land; that thereafter they came to ...1.The case of the Petitioner is that the Petitioner is the Chitra Flats and Apartments Owners Association, bearing Registration No.205/2002; that there are around 350 flats in the Avenue...and around 1500 inmates are living there, which is exclusive of the expected occupants in the unsold flats and some of the flats were purchased as early as 1999; that at the time of occupation, the...

...whether the Supreme Court at Bombay was competent to entertain a suit for recovery of damages brought by one Hurkissondass Hurgovundass against the Collector of Bombay and others in respect of trespass...and nuisance committed by certain officers of the Collectorate while purporting to execute a distress warrant issued against one Narrondass for non-payment of arrears of land revenue. Under the...company having its registered office at Calcutta and a branch office at Dhamangaon which was formerly in the Province of Central Provinces and Berar but is now in the State of Maharashtra. The...

...accommodate persons who use public properties for a private purpose, unauthorizedly. The existence of dwellings on the pavements is an act of trespass and a source of nuisance to the public, at least for the...— Section 441 — Criminal trespass — Encroachment on public properties by raising hutments on pavements and in slum areas by poor people — Held, on facts, does not amount to criminal trespass...Q. Torts — Trespass — Encroachment on public properties by pavement and slum dwellers out of compelling necessity — Forcible eviction of — Extent of force required — Necessity...

...same is in his possession but the respondent-defendant wants to grab this plot by trespassing over it and has staked stones nearby on public land and thereby creating trespass and nuisance. According...P.K Lohra, J.:— The appellant-plaintiff has preferred this second appeal under Section 100 CPC against the impugned judgment and decree dated 5th November 2014, passed by Addl. District...Judge No. 2, Udaipur (learned lower appellate Court), whereby the learned lower appellate Court has affirmed the judgment and decree dated 23.01.2013 passed by the learned Civil Judge (Jr. Div.) Udaipur...

...contention of the plaintiff that his father was allotted read side land and larger in extent to compensate the inherent disadvantages it had. It had the disadvantage of cattle trespass and nuisance by...a greater share in this Survey number, because there would not be good crops under the shade of trees and because there would be nuisance on account of cattle trespass and monkeys...the shade of roadside trees and also the owner of that land had to face nuisance of cattle and monkey menace; (iii) defendant-I had in fact purchased the property in S,No. 139/1...

...of the plaintiff that his father was allotted road side land and larger in extent to compensate the inherent disadvantages it had. It had the disadvantage of cattle trespass and nuisance by monkeys...there would not be good crops under the shade of trees and because there would be nuisance on account of cattle trespass and monkeys……..”There is no challenge to this evidence by cross...portion since it was under the shade of roadside trees and also the owner of that land had to face nuisance of cattle and monkey menace;(iii) defendant-1 had in fact purchased the property...

...modern law of torts, permeating such old fashioned concepts as trespass and nuisance and not even shrinking from rationalizing vicarious liability as a liability for fault." No liability without fault...by him by a Motor Vehicle being Luxury Bus no. GJ-3 T 9815 driven by appellant no. 1, owned by appellant no. 2 and insured with appellant no. 3. The claim is filed for an amount of Rs. 2,50,000...the Motor Vehicles Act, 1988("Act" for short). The Tribunal after considering the fact of accident, age of victim and income of victim, passed the award under Section 163-A of the Act and the same...

...normal manner, (and if it is a trespass the petitioner can take the law into his own hands without being found guilty of any criminal offence or even of a civil wrong) or whether it is a nuisance which he...projections were held to amount only to nuisance and not trespass. It is clear therefore that in a case of this kind where the law itself is so uncertain the petitioner must have honestly believed that the...decided not to wait and pronounced judgment convicting the accused. Whether a projection of this kind amounts to a trespass which the owner of the property trespassed upon can remove in an ordinary or...

...apprehension that defendants 5, 7 and 8 will commit trespass, mischief, waste, nuisance in the plaint A and B schedule properties and will do acts detrimental to the peaceful and useful enjoyment ...defendants 5, 7 and 8 from committing trespass, mischief, waste, nuisance in the plaint A and B schedule properties belonging to the 1stplaintiff and from committing any kind of acts detrimental.../7threspondent has no intention to commit trespass, mischief, waste in the plaint schedule properties and till date she has not done any mischief or commit waste in the property and that in case a prohibitory...

...because he is a student. In fact applicant has been shown at the spot along with the co-accused Devendra and they also made trespass in the house the complainant, and creating nuisance with the family..., 294, 336, 506 and 452 read with Section 34 of the IPC in connection with Crime No.2/2016 registered at Police Station Lavekushnagar, District Chhatarpur. As per allegation, the...applicant along with co-accused Devendra threatened the complainant party to enter into the compromise, scuffle took place and applicant and the co- accused entered into the house of the complainant...

...petitioner Nos.2 to 4 regarding criminal tress pass and other things. His further contention is that the offence under Section 290 of IPC regarding nuisance and offence under Section 448 of IPC, criminal trespass a...not attracted. There are serious allegations regarding criminal trespass, nuisance and manhandling against petitioner No.1, who is daughter-in-law of the complainant and complainant is...allegations regarding trespass, manhandling and causing nuisance etc. and these are required to be investigated by the Investigating Officer and if they are not genuine, it is for the Investigating...

...agreement between the petitioner and the 5threspondent. The Arbitrator has passed Ext.P12 order of status quo on 11.04.2023. Thereafter, respondents 5 and 6 attempted to trespass and cause ...petitioner. 2. The Panchayat has granted Exts.P5 and P6 licences to the petitioner. The Petroleum and Explosives 3.... 3. On 05.08.2019, the petitioner and her husband executed a Deed of Admission and Reconstitution of the partnership as per Ext.P9. By Ext.P10, agreement, the petitioner and her...

...to be anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another and not amounting to trespass. (Stephen, III, 499). The word ‘nuisance’ is derived from the French...who would of necessity be compelled to use that part of the rastha.Therefore a clear case of public nuisance having been made out, there are no merits in this revision petition and it is hereby dismissed.N...The short point for determination in this revision is whether the act attributed to the accused amounted to a public nuisance.The word ‘nuisance’ has been defined by Stephen...

...rent (4 of 5) [CW-6668/2017] note, the tenant had trespassed thereon and thus committed nuisance as understood in law. It was submitted that the trespass of the tenant was part of pleadings and...a clear trespass and made a ground of nuisance against the tenant for his eviction. The upshot of the aforesaid discussion is that there is no ground to interfere with the judgment...(hereinafter the Appellate Tribunal) on 21.2.2017 directing issuing of certificate of possession of tenanted premises for the landlord and the tenants eviction. (2 of 5) [CW-6668/2017] Perused...

...civil trespass upon and with regard to the use and enjoyment of the property of others, nuisance would be answered and whenever such a trespass results in irritable and disagreeable situa.... Eventually, the suit was filed that all these amounted to nuisance and annoyance. The petitioner-tenant took the stand that the entire terrace was part of his tenement and that he was exclusively...watering the flower plants all constituted together the acts of nuisance and annoyance. Even during the course of the trial the petitioner-tenant categorically stated on oath that he would not allow the...

...tenant, viz., committing trespass and forcing the landlady to face litigation upto Apex Court caused annoyance to her which was ground for tenant's eviction. 5. The revisionist resisted the suit denying these allega...act of the tenant committing trespass or as a result of the said trespass inconvenience caused to the landlady in facing civil and criminal litigation amounts to nuisance or annoyance to the landlady...the philosophy of nuisance and annoyance I am of the view that single act of the tenant in committing trespass over one room owned and possessed by the landlady could not amount to annoyance to the...