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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.
पर्याय
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.
APPEARS IN
संबंधित प्रश्न
Principle: Whoever attempts to commit the offense of cheating, commits an offense.
Facts: A with an intention to defraud B, obtain from him an amount of Rs. 500.
Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/- lying on a table in his friend's house and immediately sells it for Rs 2000/, and misappropriates the money.
Development of the law of tort has taken through:
Apply the legal principles to the facts given below and select the most appropriate answer.
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?
Consent defines as
LEGAL PRINCIPLE 'Free consent' defined as - Consent is said to free when it is not caused by
I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
v. mistake, subject to the provisions of Sections 20, 21 and 22 Consent is said to be so caused when it would not have been given but for the existence of such coercion, under the influence, fraud, misrepresentation or mistake. 'Fraud' is defined in which Section?
Principle: A person is liable for all the injurious consequences of his careless act.
Facts: Ram, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.
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.
Legal Principles:
1. Joint tort-feasters means joint wrongdoers. People can be joint tortfeasors in case of common action in fact or in law.
2. Joint tort-feasters are jointly and severally liable.
Factual situation: Two dogs belonging to two different owners acting in concert attacked a flock of sheep and injured several sheep. In an action for damages brought against the owners of the dogs. If one of them puts a defene claiming that he was liable for one half only of the damage, then which one of the following statements is legally sustainable in the above case? DECISION:
Assertion (A): All minorities, whether based on religion or language, shall have the right to establish or administer educational institutions of their choice.
Reason (R): Institutions established by the minorities are not entitled to governmental aid and government is not under an obligation to give aid.
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.
Legal principle: A master shall be liable for the acts of his servants done in the course of employment.
Factual situation: PUL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board “for PUL employees only”. M, a villager from a neighbouring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PUL happened to stop nearby and a number of people got into the bus. M, without realizing that it was a PUL bus, got into the bus and soon thereafter, the bus met with an accident due to driver’s negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PUL claiming damages. DECISION:
