nuisance actually in existence stands on a different footing than a possibility of nuisance or a future nuisance. An actually-existing nuisance is capable ... allowed to occur. There may be yet another category of actionable future nuisance when the likely act of the defendant is inherently dangerous or injurious
that directions
be issued to respondents No.1 to 4 to take action against respondent No.9
and others who had given illegal call ... those
who were actually present at the spot and creating some nuisance, action
has already been taken. It has also been brought to our notice
alleged that the prayers are done by the church and
nuisance is caused with mike sets and a church bell
erected at the prayer site ... definite view
that the local residents have no actionable
nuisance at present so as to obstruct the church
from conducting prayers in the disputed properties
such construction of the defendant no. 1
is an act of actionable nuisance and also for permanent
injunction and other reliefs. The plaintiff submits that ... positive assertion in the plaint that there have been acts
of actionable nuisance. It is true that the plaintiff lost the
suit and appeal
such construction of the defendant no. 1 is an act of
actionable nuisance and also for permanent injunction and other reliefs. The plaintiff submits
that ... positive assertion in the plaint that there have been acts of actionable
nuisance. It is true that the plaintiff lost the suit and appeal
building bye-laws and
sanctioned plan by defendants amounts to actionable
nuisance. Therefore, plaintiff has sought for relief of
permanent injunction and also for mandatory
cutting
activity will not in any way cause any objectionable and actionable
nuisance to the appellant. That modified judgment and decree
are under challenge
engaged in the business of manufacturing medicines, to not to cause any
nuisance to the Complainant.
[4] The Forum did not grant any other relief ... hired by the Complainant from the
Society. If it is an actionable
nuisance under tort, the Complainant has remedy elsewhere but no
'consumer dispute
abate the nuisance caused by straying of pigs on streets and various places in the locality namely Ganesh Nagar; for initiating action against throwing garbage ... violating the norms and the rules or creating any kind of nuisance, necessary action in accordance with the provisions of law should be initiated against
distinction is important for trespass is actionable per se whereas nuisance is actionable only on proof of damage. The distinction lies in the nature ... injury to the plaintiff is consequential it is a case of nuisance. If a person throws stones on the neighbour's land