Is the Backyard of a Private House a Public Place in India?

2023 0 Supreme(Gau) 1217

At paragraph No. 28 of the said judgment, the Supreme Court opined that one should not confuse the expression “place within public view” with the expression ‘public place’. It was observed that a place can be a private place but yet within the public view. ... The emphasis of a place being a public place#HL....

Unlawful gaming-Ordinance No. 17 of 1889, s. 4-Playing in any place to which the public have access whether of right or not-Private land. ... Burnside, C.J., there held that the word "access" must be presumed to mean " legal access, " and the word " place " must be construed to mean either public place (to which of course the public have access a....

Magistrate Court Cameron Highlands

Is it a private house? J: Yes. S: Is it a public place? J: No. S: You told just now that there was a pagar. What pagar? J: The pagar. S: The pagar place is not a public place? J: Not a public place. ... [62] Since it is the First and Second Accused's house, thus it is a private place#HL_E....

He added that the old path is not now used, and there is another path and could not say whether that path went near the plaintiff's house. He had heard that some repairs had been done in 1916, but did not see the work being done. ... A partition decree, however, is good against all others, and there can be no doubt that any rights that any private individual whether as owner of land, or otherwise might have had over....

2023 0 Supreme(Kar) 210

, drainage works, tunnels and culverts whether made at the cost of the corporation fund or otherwise, in or alongside or under any street, whether public or private, and all works, materials, implements and other things appertaining thereto and all trees not being private property growing on public streets ... place the control of which is vested in the corporation. .......

Willard.3 There Grave J. said: - " A public place is one where the public go, no matter whether they have a right to go or not. The right is not the question. Many shows are exhibited to the public on private property, yet they are frequented by the public-the public go there." ... J. said in that case: " It is difficult to define affirmatively w....

There being no general right of meeting in public places, it follows, a fortiori, that there is no general right of meeting in private premises or private property. ... It is obvious that, even if there be no other place available for the purpose of public meeting that fact would not justify the infringment of another's private rights; and all persons who commit a trespass for the p....

2022 0 Supreme(Kar) 7

Blacks Law Dictionary: Residence-Place where one actually lives or has his home; a person's dwelling place or place of habitation; an abode; house where one' home is; a dwelling house. ... Dwelling- The house or other structure in which a person or persons live; a residence; abode; habitation; the apartment or building , or a group of buildings, occupied by a family as a plac....

Karnataka

Blacks Law Dictionary: Residence- Place where one actually lives or has his home; a person's dwelling place or place of habitation; an abode; a place of residence. ... FACTUAL BACKGROUND 2.

Public road-Adverse possession by private individual-Prescription. ... The passage in Voet 13, 7, 7, (2 Maasdorp, 82 and 83) would not appear to apply to public roads, but to rights of way which the public have over private property; for Voet says that things belonging to the public, which are used for ornament of the town, pleasure, &c, may not be prescribed against ... A street ....

2019 0 Supreme(Jhk) 949

(d) In a private place, inside a building, but some members of the public are there (not merely relatives or friends) (c) In a place (public or private) which ordinarily could be seen by public is to be treated as a “place within public view”

2017 0 Supreme(Ori) 1043

The place where the public have no lawful right to enter cannot be said to be a public place. The house of a private person like opposite party no.2 cannot be said to be a public place. There is also no material that it is located nearer to the public place. There is also no specific assertion that any such act as enumerated under section 294 of the Indian Penal Code caused annoyance to others.

2007 0 Supreme(AP) 22

A private house and garden where a sale by public-auction takes place is for the time a ‘place of public resort’. The place need not be a place of resort all the year round. The Advanced Law Lexican by Ramanatha Aiyar defines the the word ‘public resort’; public resort, place of and `place of public resort’ as under: “Public resort: Public resort, Place of: place at which the public assembles or to which they retire .”

2006 0 Supreme(Bom) 118

The learned single Judge in this Judgment has correctly come to the conclusion, while taking the definition of "public" from section 12 of the Indian Penal Code, that public place is a place where ordinarily the public visit for some purpose or other than with uninterrupted regularity though not continuously, but a mistake was committed when the term "within the public view" was taken as synonymous to "place within public view". The distinction is unambiguous between the terms "public place" a....

1999 0 Supreme(AP) 875

The Bench further rules that a place is a public place though it is a private property when it is shown that the public are in the habit of resorting to it and no one is prevented therefrom so resorting to it. ( 10 ) THEREFORE, what is required to be examined is whether the expression public place will cover all places including private properties where the members of public have an access. The examination of this question was found to be necessary since what is to be adjud....