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
Penal Code, as a public
nuisance. Under Section 268 of this Code, it is
mentioned that:
“268. A person is guilty of a public nuisance ... Penal Code deal
with the punishment for public nuisance.
Criminal Procedure Code , 1973
98. Under Section 133 of the Code of Criminal
Procedure
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
respondents to provide underground sewerage
scheme to Madipakkam thereby committing public nuisance under Section
133 of CR.P.C, which is punishable
respondent has further submitted that Tamil Nadu Public Health Act deals with Public Health. The said Act cannot be called as British vintage. According ... other laws and caused nuisance within the definition of Section 42 of the Tamil Nadu Public Health Act, action has been taken to seal
lorry owners, amounts to
violation of Public Health Act. Section 34 & 35 of the Public Health Act reads as
under:-
34. Sullage or sewage ... reads as under:-
268. Public nuisance - A person is guilty of a public
nuisance who does any act or is guilty of an illegal omission
said Section 133 to pass a conditional order.
Under the said Section, any unlawful obstruction or nuisance could be removed
from any public place ... public land which leads to public inconvenience or public nuisance.
...
17. Now the next question is whether in view of the provisions of Sections
available to abate public nuisance in order to maintain public
order and tranquility and in the interest of public;
ii) To issue appropriate writ, order ... enjoined by Section 133 Cr.PC on the ground that his failure to
carry out the statutory duty to abate public nuisance will
seriously undermine
possibility of
distracting attention of the public road users or causing
danger to them;
xxxxxxxxxxxxxxxxxxx"
8. Section 78 of Chapter VI speaks about regulation ... provides noise to be
actionable must amount to nuisance in the ordinary
legal sense. Section 62 of the English Control of
Pollution Act, 1974, operates
additional fee realised as per clause (b) of sub-section
(1) of Section 334B.
(b) the fine amount recovered in the cases relating to waste ... throwing rubbish or filth or other debris in public places
and for committing nuisance in public streets etc. Therefore, the
local bodies cannot shirk
