grievance voiced by the
plaintiffs are not only in respect of private nuisance but also in
RSA No. 1209/04 - : 30 :-
respect of public nuisance ... grievance if they have a justiciable cause of action of
apprehended private nuisance. As the functioning of the cemetery
has not been actually commenced, even
grievance voiced by the
plaintiffs are not only in respect of private nuisance but also in
RSA No. 1209/04 - : 30 :-
respect of public nuisance ... grievance if they have a justiciable cause of action of
apprehended private nuisance. As the functioning of the cemetery
has not been actually commenced, even
manner. In short, the grievance of the petitioner is only
about private nuisance to him, not with respect to any public
nuisance. Sections ... only
in a case of a public nuisance. It cannot be applied with
respect to private nuisance, which is to be agitated before a
civil
Before a perpetual injunction can be granted to restrain a private nuisance or the disturbance of an easement, the Court as a general rule requires
trespass
R.S.A.No.285/2006 33
amounted to a nuisance, is accepted, he cannot claim any
relief in the suit filed ... case
of public nuisance, caused by the act of the 1st respondent.
According to him, he suffers only a private nuisance for which
he should
Madhavan Nambiar) 1985 KHC 100 what is
interpreted as a public nuisance does not mean danger to the public
as such but if it causes ... factor is the quantum of
annoyance or discomfort in contradiction to private nuisance which
affects an individual. To prevent public nuisance is the object
Divisional Magistrate has to satisfy
himself that the alleged act of nuisance affected
the public living in the neighbourhood also. Going
by Section ... resorted to
by a party for vindicating his right to abate
private nuisance. No enquiry in that line seems to
have been held
7920/2017
-:5:-
Section 133 contemplates is adjudication as to
public nuisance when it affects the parties. Going
by the facts ... private cause found on civil rights and
no element of public nuisance is involved. A party
cannot convert a private dispute or a private
nuisance
public nuisance to proceed
against petitioner under section 138 of the Code, but in this case,
there is only an alleged private nuisance, even
nuisance should be to the public or to a community
at large. A private nuisance or grievance of a private
individual cannot be the subject
