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BOMBAY HIGH COURT
Not mentioned in text,
Tejmal Punamchand Burad – Appellant
Versus
Hansraj Bhikamchand Parekh – Respondent
| Table of Content |
|---|
| 1. definition and understanding of public nuisance. (Para 1 , 2 , 4) |
| 2. procedures under the code of criminal procedure for addressing public nuisances. (Para 5 , 6 , 18) |
| 3. details surrounding the initiation of proceedings concerning the dilapidated building. (Para 7 , 8 , 9 , 10) |
| 4. court procedures and administrative actions taken in response to the emergency. (Para 12 , 13 , 14 , 15 , 16) |
| 5. arguments presented regarding alleged failures in judicial procedure. (Para 20 , 21 , 34) |
| 6. final decisions and dismissals regarding the appeal or petition. (Para 35 , 36 , 37 , 39 , 41) |
1. This Rule is directed against the order passed by the learned Sub-Divisional Magistrate, Malkapur, in a proceeding u / S. 133 of the Cr. P. C. i.e. for the removal of 'Public Nuisance'.
2. The terms "Nuisance" as used in Law of Tort is not capable of exact definition. It has been used with meaning varying in extent by the old writers, and even at the present day there is no entire agreement whether certain acts or omissions shall be classified as 'nuisances' or whether they do not fall in any other divisions of the Law of Tort. The 'Nuisances' may be broadly divided into;
1) Acts not warrante
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