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प्रश्न
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
विकल्प
A has not committed any offence since he does not cause any specific injury to any specific person
A has not committed any offence because he does not gain any advantage from persons living in the vicinity
A has committed a public nuisance
A has not committed any offence because the alleged acts are done on the fields owned and used by him and acts are done without any intention to cause harm.
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उत्तर
A has committed a public nuisance
Explanation:
A has committed public nuisance as defined in the principle. According to the principle: “Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance.” X’s action of burning crop stubbles is a public nuisance because smoke caused by his action is disturbing to the public. The principle also states that “A common nuisance is not excused because it causes some nuisance or advantage.” This may be interpreted to mean that X’s action cannot be excused even if it is advantageous to his farm.
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संबंधित प्रश्न
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The principle is to be applied to the given facts and to choose the most appropriate option
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Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.
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Which of the following statements is the most appropriate in relation to the legal principle stated above?
What is the essential difference that makes the crime of assault differ from the tort of assault?
Apply the legal principles to the facts given below and select the most appropriate answer.
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What does 'consent' include?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
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Which of the following derivation is correct?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
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