Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Nuisance

Sunday, June 14, 2009

Nuisance — Nuisances are of two kinds, i.e. (i) Public; and (ii) Private — ‘Public nuisance’ or ‘common nuisance’ as defined in Section 268 of the Indian Penal Code, 1860 (in short the ‘IPC’) is an offence against the public either by doing a thing which tends to the annoyance of the whole community in general or by neglecting to do anything which the common good requires — It is an act or omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity — ‘Private nuisance’ on the other hand, affects some individuals as distinguished from the public at large — The remedies are of two kinds – civil and criminal — The remedies under the civil law are of two kinds — One is under Section 91 of the Code of Civil Procedure, 1908 (in short ‘CPC’) — Under it a suit lies and the plaintiffs need not prove that they have sustained any special damage — The second remedy is a suit by a private individual for a special damage suffered by him — There are three remedies under the criminal law — The first relates to the prosecution under Chapter XIV of IPC — The second provides for summary proceedings under Sections 133 to 144 of the Code, and the third relates to remedies under special or local laws.

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