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
public place. Public place is defined in explanation to sub-section (2) of sec. 133 . It says that, "A public place includes also property ... public place, either within the definition of explanation of public place as contained in sub-section (2) of sec. 133 of the Code of Criminal
would amount to public nuisance. Therefore, if the plaintiff filed any suit for removal of that public nuisance, Section 91, Civil Procedure Code would come ... behalf of the whole village community with regard to a public nuisance, Section 91 , C.P.C. would govern the case and it was essential
public nuisance no member of the public can maintain an action unless he can show that he has suffered special damage. A public nuisance ... public nuisance may also affect private individual rights and when a public nuisance affects private individual rights the individual member of the public whose rights
whisper about public nuisance. He has,
therefore, submitted that not every encroachment is to be treated as
a public nuisance, as there are instances ... case of a public garden being developed
and by encroachment there is some hindrance in the enjoyment of the
public place, the same could have
section (1) of Section 161 of the Act which is as follows:
The Municipality may direct any prosecution for any public nuisance whatever ... present case Section 161 expressly enact: The Municipality and... the chief officer may direct any prosecution for any public nuisance.... We are of opinion
Sadbhav Infrastructure Project ... vs Company Law Board & on 14 August, 2014
Author: C.L
with regards to public nuisance and after calling the report from
the concerned, believed that the petitioner is causing public
nuisance within the definition ... causing public nuisance. However, there is no specific report on
record which indicates that working of Bhavani Tin Fabricators
caused inconvenience and public nuisance
after taking permission
of the Court under Section 91 of the CPC. Section 91 speaks
for public nuisances and other wrongful acts affecting the
public ... 2022 JUDGMENT DATED: 04/04/2024
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CPC . Section 91 of the CPC speaks for public nuisance. The
learned appellate Court has observed that this
area is creating public nuisance and is
unlawfully obstructing public place and rightly ordered to
remove such public nuisance under section ... owned by respondents is public
plat and near public way in residential area, whereby repeatedly
hitting iron plates and causing nuisance and by filling
