section (1) of Section 91 C. P. C. Sub-section (2) of this Section provides as follows :
"Nothing in this section shall be deemed ... means. That Act lays down that a public nuisance means a nuisance as defined by Section 268 of the Indian Penal Code
referred to supra, it was held that unless the nuisance is a public nuisance. Section 133 Cr.P.C. cannot be called in aid. Section ... called in aid unless the nuisance is a public nuisance and he further held that the proceeding under Section
decisive factor. The
object and public purpose behind Section 133 is to prevent
public nuisance that if the Magistrate fails to take immediate
recourse ... Nuisances are of two kinds i.e. (i) public;
and (ii) private. "Public nuisance" or "common nuisance" as
defined in Section
public but is intended to protect the public as a whole against the inconvenience of public nuisance. No doubt that the provisions of Section ... complain about the nuisance, the nuisance cannot be construed that there was no public nuisance, as contemplated under Section
define public nuisance. Section 268 :--
"Public nuisance -- A person is guilty of a public nuisance who does any act or is guilty ... writing by the public servant concerned. Where there existed a public nuisance this. Court could require the executive under Section
Nuisances are of two kinds i.e. (i) public;
and (ii) private. "Public nuisance" or "common nuisance" as
defined in Section ... there is public
nuisance. The public power of the Magistrate under the Code is a
public duty to the members of the public
with maintenance of
public order and tranquility. Part-B of Chapter X of the Criminal Procedure
Code deals with public nuisance. Section ... from the public land
which leads to public inconvenience or public nuisance.
9. On the question what constitutes #public nuisance# under Section
there is public nuisance. The public
power of the Magistrate under the Code is a public
duty to the members of the public ... Nuisances are of two
kinds, i.e. (i) Public; and (ii) Private. 'Public
nuisance' or 'common nuisance' as defined in
Section
Nuisances are of two kinds, i.e. (i) Public;
and (ii) Private. 'Public nuisance' or 'common nuisance'
as defined in Section ... there is public nuisance. The public power of the
Magistrate under the Code is a public duty to the members
of the public
deals with 'public nuisance' in contradistinction to 'private
nuisance'. This provision is about public nuisance and provides a cheap
and summary ... Nuisances are of two kinds i.e. (i)
public; and (ii) private. "Public nuisance" or common nuisance" as
defined in Section