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
Code of Criminal Procedure contains provisions in relation to public nuisances. Section 133 authorizes the Magistrate concerned to pass a conditional order for removal ... order the Magistrate may require the person who is creating the public nuisance to desist from doing so. But if the person objects
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
reproduced below:
"91. Public nuisances and other wrongful acts affecting the public.--[(1)
In the case of a public nuisance or other wrongful ... public street in which any nuisance is
being created so that it could be treated as a public nuisance, as
contemplated by Section
chemical
is a public nuisance which could endanger the lives of public in the area.
6. Invoking its powers under Section ... Code
which deals with maintenance of public order and tranquility and public
nuisance. Section 133 reads as follows:-
133. Conditional order for removal of nuisance
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Procedure in the case of public nuisance or under section 92
with regard to public charities. Certainly, the suit under
provisions of the M.P. Municipality Act, in regard to public nuisance (similar to Section 42 of the present Act) the Supreme Court emphasised that ... Court held: "public nuisance, because of the pollutants being discharged by big factories to the detriment of the poor sections, is a challenge
that the provisions of Section 133 Cr. P.C. are meant for removing of public and not private nuisance and no person has the right ... public nuisance. Under Section 139 Cr.P.C. the magistrate may for the purpose of enquiry under Section 137 Cr. P.C. or Section
since the present suit has been filed under section 91
CPC, seeking redressal against public nuisance and other wrongful
acts affecting the public at large ... contesting defendants call „positive proof‟ of the public
nuisance. It is important to note that section 91 CPC permits
filing of an injunction suit restraining
existence of the public nuisance and obstruction on a public road. A
conditional Order dated 13.03.2018 under Section 133 Cr.P.C. was passed,
whereby ... Reply
denying the existence of public right or the allegations of obstruction to
public way or causing public nuisance. The Respondents were unable to
place
