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प्रश्न
Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.
Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Listening to the radio is Ashok’s freedom.
Ashok is creating a nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.
Raju is creating a nuisance by complaining about Ashok’s enjoyment of hearing his radio.
Raju should appreciate that Ashok is aged and hard of hearing.
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उत्तर
Ashok is creating a nuisance to his neighbour by playing the radio loud perpetually and disturbing Raju in being able to listen to the TV in his home.
Explanation:
Private Nuisance. Private nuisance may be defined as unlawful interference with a person's use, comfort, enjoyment, and any interest that a person may have over his land... An interference becomes unlawful and constitutes a nuisance when it unreasonably interferes with the plaintiff's enjoyment of his land. Ashok will be considered as creating a nuisance for his neighbor as he is listening to music at unreasonably high volumes which are interfering with the right of his neighbor Raju.
APPEARS IN
संबंधित प्रश्न
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Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: M G Ltd. was constructing Crystal Heights, a posh state-of-the-art tower for commercial and residential purposes, in Gurugram. During construction, hundreds of claimants alleged that, in addition to dust and noise caused by the erection of the building, their television signals had been interrupted by the tower. The claimants, some of whom were absolute owners, and many others who were renting, sued in both negligences and in nuisance for the harm done to their amenity by the loss of their television signals. Whether the respondent's action in causing the appellant's television signals to be interrupted with the construction of their tower could constitute a private nuisance?
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
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