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
Indian Penal Code, as a public nuisance. Under Section 268 of this Code, it
is mentioned that 'A person is guilty of a public ... Indian Penal Code deal with the
punishment for public nuisance.
Criminal Procedure Code
95. Under Section 133 of the Code of Criminal Procedure
school, the foul smell created
by it amounts to public nuisance in terms of section 133 Cr.P.C. It has
also been submitted ... court below.
10. CHAPTER-X of Cr.P.C . deals with public nuisance. Section 133 deals
with conditional order for removal of nuisance. Relevant part
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
complain
about the nuisance, the nuisance cannot be construed that there was
no public nuisance, as contemplated under Section 133 Cr.P.C.
The power ... public but is intended to protect the public as a whole against the
inconvenience of public nuisance. No doubt that the provisions
of Section
which covers
Section 133 to Section 146 CrPC. The relevant portion of
Section 133 which is under "public nuisances" reads as
under ... public
right.
A common nuisance is not excused on
the ground that it causes some convenience
or advantage."
Removal of public nuisances under Section
must be a public nuisance. What it speaks is a person is guilty of a
public nuisance provided he does any act or is guilty ... insulting way touching the caste. There is no any public nuisance.
Section 290 IPC prima facie has no application from the face reading
infringement of such
exclusive right of the public to use is public nuisance within
the ambit of Section 133 CrPC.
Learned SDM has opined that ... strip of the public road of the public way by the
house owner by Old Rajinder Nagar and is public nuisance
and deserves
insure public
safety and to remove unlawful constructions and public nuisance. In the given
circumstances, the petitioner was called upon under section 133 CrPC ... public officer, or other
information, and such evidence (if any) as the Magistrate thinks fit. Public nuisance has
been defined in Section
trustees of a public trust. Firstly, the scope of Section 92 was raised. In
respect of section 92 , undoubtedly it is special provision itself ... Court. Section 90 provides powers to
state case for opinion of Court. Section 91 deals with public nuisance and
Section 92 deals with public charities
