public street in which any nuisance is being created so that it could be treated as a public nuisance, as contemplated by Section ... those acts of the petitioners may also amount to public nuisance as well. Section 91(2) of the Code of Civil Procedure clearly gives
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 ... public nuisance it is clear that the plaintiffs cannot have the declaration and the injunction they ask for.
58. "Public nuisance" is defined
actually commenced, even the allegation regarding the
public nuisance is the apprehension of the plaintiffs that public
nuisance would be caused to the inhabitants ... follows:
" Sec.91 :Public nuisances and other wrongful acts affecting the
public.-(1) In the case of a public nuisance or other wrongful
public nuisance, the order must reflect that it is public
nuisance on any public path or public place and it applies to existing nuisance ... there is public
nuisance. The public power of the Magistrate under the Code is a public duty to
the members of the public
show the difference between
public nuisance and private nuisance. Following paragraphs are relevant :
7. "8 Section 133 of the Code appears in Chapter ... Nuisances are of two kinds,
i.e. (i) Public; and (ii) Private. `Public nuisance' or `common
nuisance' as defined in Section
from the public land which leads to public inconvenience or public nuisance.
9. On the question what constitutes public nuisance under Section ... public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding. (See para
nuisance. That is to say, that on this allegation of the plaintiff, that which was not a public nuisance one day is a public nuisance ... what I may call, actual and constructive public nuisance, or public nuisances in fact contrasted with public nuisances in law, and it is over
that " nuisance " under the Municipal Act includes both private nuisances and public nuisances. The definition runs as follows:-"'Nuisance' includes ... whether the nuisance was a private nuisance or a public nuisance.
14. In the case of a public nuisance there is a special remedy provided
private
caterers in the open area is a public nuisance and cognizable offence
under various sections of Chapter 14 of the Indian Penal Code ... Section 200 of the Code of Criminal Procedure read with Section
156(3) of the Code of Criminal Procedure in relation to the public
nuisance
Section 133 Cr.P.C. a public nuisance has to be established.
12. The term "public nuisance" has not been defined ... some convenience or advantage.
13. "Public Nuisance" shall mean a public nuisance as defined under Section 268 of IPC. "Public Nuisance
