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Showing contexts for: section public nuisance in Janki Prasad And Ors. vs Karamat Husain And Ors. on 9 April, 1931Matching Fragments
(1) Every person has a right to worship. (2) The right is independent of custom. (3) The right is not absolute but is limited by the rights of others. (4) The exercise of the right may be limited by order of the public authorities. Such orders may be passed under Section 144, Criminal P. C, to prevent urgent nuisance or breach of the peace, or under Section 133, Criminal P.C. to prevent a nuisance in a public place, or under Section 30, Act 5, 1861, the Police Act, in the case of public assemblies and processions. (5) The exercise of the right may be limited by the civil Courts on the ground of nuisance, public or private. The last proposition is the one of importance in the present case and the question is whether the ringing of bells, etc., as an accompaniment of worship can constitute a nuisance. In England it has been held that it may amount to a nuisance. In Soltau v. De Held 3 Sim N.S 133, the plaintiffs stated their case thus:
57. If the plaintiffs' acts or proposed acts should amount to a public nuisance it is clear that the plaintiffs cannot have the declaration and the injunction they ask for.
58. "Public nuisance" is defined in Section 268, I. P.C. as:
A person is guilty of a public nuisance who does any act or its 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 vicinity or which must necessarily cause injury, obstruction, danger for annoyance to persons who may have occasion to enjoy any public rights.