Removal of nuisance
Removal of nuisance legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plot in question, situated in residential area was being used as taxi stand and on complaint of inhabitants of the area, Judicial Magistrate ordered eviction of the plot
Validity
Taxi stand was established on the plot without any legal authority
Inhabitants of the area had stated that taxi stand was causing nuisance in the area and that they were facing hardship with regard to their easement rights
Complaint/grievance of inhabitants of the area being about 'unlawful obstruction' and 'physical discomfort of the inhabitants', even a lawful business or trade could not be allowed to continue at the cost of "physical discomfort of the public"
Cognizance was rightly and properly taken by the Magistrate
Section 133, Cr.P.C., nowhere, required issuance of show-cause notice before passing a 'conditional order', as such an order itself was a show-cause notice
Prima facie, applicant, had no locus standi to occupy the plot which was owned by Revenue Authorities
Applicant who was in illegal occupation of plot in question, his application being devoid of merits, was dismissed, in circumstances.
"Removal of nuisance", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124963707
Precedents & Case Laws citing "Removal of nuisance"
P L D 2012 Peshawar 167
GHULAM MUHAMMAD — Petitioner Versus PAINDA RAHMAN and 4 others — Respondents
Court: High CourtP L D 2019 Lahore 751
KHUSHI MUHAMMAD — Petitioner Versus ADDITIONAL SESSIONS JUDGE and others — Respondents
Court: High Court1999 P Cr
Haji ABDUL AZIZ and 2 others‑‑‑Petitioners Versus Haji DOST MUHAMMAD and 5 others‑ Respondents
Court: Lahore1977 S C M R 245
JALAL DIN AND OTHERS‑Appellants Versus Ch. ABDUL QAYYUM AND OTHERS — ‑Respondents
Court: --‑‑S. 55 ‑ Mandatory injunction ‑ Appellants encroaching upon adjoining public pith and raising structure thereon thereby blocking passage of light and air to adjoining property of respondent and blocking its entrance door, windows, ventilators and water‑spout Case, held, not one of interference with easement right of respondent but one of removal of nuisance resulting in injury to respondent's property and respondent entitled to ask for relief of mandatory injunction.‑injunction.2017 Y L R Note 256
FAIZ MUHAMMAD — Applicant Versus CIVIL JUDGE AND JUDICIAL MAGISTRATE and 2 others — Respondents
Court: Sindh (Hyderabad Bench)1985 P Cr
ATTAULLAH KHAN‑‑Applicant Versus MUHAMMAD AKRAM and 5 others‑‑Respondents
Court: Karachi1997 M L D 2122
SALAMAT ALI ‑‑‑Petitioner Versus DEPUTY COMMISSIONER and others‑‑‑Respondents
Court: LahoreP L D 2000 Karachi 245
AMIR MALIK and another — Petitioners Versus GOVERNMENT OF SINDH and 4 others — Respondents
Court: High Court1999SCMR2618
MUHAMMAD RIAZ and 3 others — Petitioners Versus ASGHAR ALI and another — Respondents
Court: Supreme Court of Pakistan2012 Y L R 2379
ABDUL SALAM KHAN and another — Applicants Versus MUHAMMAD YAQOOB BANGULZAI and another — Respondents
Court: Balochistan