East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Change of hosiery business to manufacturing and selling trunks, boxes and tumblers etc. - Change of business is different from change of commercial activity to manufacuring activity - Manufacturing of trunks etc. is with use of hammers and other cutting machines which cause great noise and..........
Education -- Admission - Cancellation of - Refund of fee - As per column in the admission form a candidate bound to give information if there was expulsion or disqualification for misconduct etc. for use of unfair means in any examination - In case of respondent-complainant it is alleged that his entry was banned as he was source of nuisance and was suspended from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Installation and running of stone crusher - Public nuisance - Health hazard - Nearness to abadi - Violation of norms- Suit for permanent injunction alongwith application for interim injunction restraining defendants for installing any machinery for running and working of stone crusher - Defendants claiming installation in..........
Criminal Procedure Code, 1973, Section 133, 482 -- Nuisance - Removal of unlawful nuisance of workshop in a residential area - On account of running of said workshop, complainant, his children and other inhabitants of the area were exposed to health hazard, air pollution and noise pollution - Same disturbing the study of children of complainant and other neighbours - Order..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. cannot be dropped merely for the reason that some civil suit is pending wherein no specific order is passed - If nuisance is existing and urgent relief is required then provision of S.133 Cr.P.C. comes into play - If the nuisance is such that there is urgent need of removal of nuisance or obstruction..........
Criminal Procedure Code, 1973, Section 133 -- Applicability of the provision - Essential requirement is that there must be evidence showing that any unlawful obstruction or nuisance has been created in a public place, way, river or channel which may be lawfully used by the public - User by public is a condition precedent for initiating the proceedings u/s 133 Cr.P.C...........
Criminal Procedure Code, 1973, Section 133, 142, 482 -- Nuisance - Removal of - Passage used by respondent through Govt. land alleged to be blocked by erecting fencing wall - Since user by public is a condition precedent or initiating the proceedings u/s 133 Cr.P.C. and there being no allegation that petitioner obstructed any public way or the way which is lawfully used by..........
Criminal Procedure Code, 1973, Section 133 -- Nuisance - Purpose of the provision is to prevent public nuisance and involves a sense of urgency - It applies to a condition of the nuisance at the time when the order is passed and it is not intended to apply to future likelihood or what may happen at some later point of time - It does not deal with all potential nuisances..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Magistrate satisfied that installation of grinder for grinding spices and expeller for extracting oil causing discomfort to public - Magistrate ordered closure of use of said machines - No interference in revision...........
Civil Procedure Code, 1908, Section 91 -- Removal of obstruction of public pathway - Defendant, neighbour of plaintiff alleged to have encroached pathway - Plaintiffs personally affected by nuisance - Also effecting general public - Plaintiffs have locus standi to file suit - Concurrent finding of trial and appellate Court that defendant have encroached said pathway -..........
