their residences and in case it was not removed there was continuous nuisance. The learned Magistrate also arrived at the conclusion that since ... civil suit is that if the nuisance is such that there is urgent need of removal of nuisance or obstruction on the path, the inquiry
persons to be named in the
order to desist from continuing nuisance, within a fixed time, nor had he called
for any objections ... public nuisance, he shall require the
person causing nuisance, within a time to be fixed in the order to remove such
nuisance or to desist
lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend ... continued it.
5. The authority under which a Magistrate can order or enjoin a person against repeating or continuing a public nuisance is Section
location of halwais/private caterers in the open area is a public nuisance
and cognizable offence under various sections of Chapter XIV IPC .
Several complaints ... criminal complaint filed before it. The disobedience and
public nuisance continued, hence this petition.
3. Respondent no.1, Delhi Police filed the status report submitting
nature of mandamus
through General Power of Attorney in respect of continuing
nuisance.
Admittedly, petitioner is living abroad. For removal of
nuisance, there
both the boys in PS for further enquiry in
view of continuous nuisance and misbehaviour. However,
the call was found bogus, as being made
stating that there was no public nuisance, whereas there
existed a continuous nuisance for the petitioner as well as the other
residents as the septic ... damage is being caused on
account of nuisance. In a case where allegations are of existing and
continuing circumstances which allegations are denied
broken. The
PW's have clearly proved that there is continuous nuisance.
Defendant has failed to prove authorization of sewage pipe. The
defendant ... public
nuisance and a private nuisance. Winfield and Jolowicez in their
book of torts (11th edition) define private nuisance as:
"private nuisance
there
at all and in any case it was not continuing nuisance.
5. I have considered the submissions made by the contesting sides and
perused
require the person by whose act, default or sufferance the nuisance arises or continues...to abate the nuisance and to execute such works and take ... question of abating the nuisance caused by its working will no longer arise, other remedies being applicable should the petitioner continue the working
