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Showing posts with the label Public and Private Nuisance

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...

Distinction Between Public and Private Nuisance

The distinction between public and private nuisance are as follows  1) Nature of the violence :-  While a public nuisance is an offence against public right, safety and convenience, a private right, on the other hand, is an infringement of a private right of a person to the comfortable occupation of property. 2) Basis to sue :- In the case of public nuisance an action cannot be maintained by a private individual in his own name where public nuisance causes no special harm to the individual. But in the case of private nuisance action is maintained at the suit of any individual in possession of land who is injured by reason thereof. 3) Nature of case :- Whereas public nuisance is a crime, private nuisance is a civil wrong. 4) As to acquision of right of nuisance :- While no length of time can legalise a public nuisance, a right to commit a private nuisance may be acquired by prescription. 5) Abatement :-  In the case of private nuisance, the nuisance may be abate...