Nuisance

2022 PLD 92 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

NuisancePermission from local authoritiesNo justificationScope

Subsequent permissions from the local authority could not always justify nuisance nor could it be taken as a licence to create nuisance, especially when it was done in a wrongful/negligent manner

Any damage to private individuals caused by the unreasonable method/manner of operation entailed liability notwithstanding permission of local authority.

2020 MLD 1360 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Kinds"Private nuisance", "public nuisance" and "annoyance"

Connotation.

2019 CLC 1081 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O.XXXIX, Rr.1 & 2Karachi Building and Town Planning Regulations, 2002, Rgln. 18Suit for declaration and injunctionInterim injunction, grant ofNuisance

Plaintiff was aggrieved of running a private school by defendant in a residential property situated in the neighborhood of plaintiff

Plea raised by defendant was that usage of premises for educational purposes was not a commercial activity and it was permitted under Bye-laws of the Cantonment Board

Validity

College was being run on commercial basis which was stated in tenancy agreement

Business was not being run for imparting education and it was a commercial activity per se

Element of rendering service though was involved but rendering of education in such manner was purely commercial and business oriented

Defendant had not claimed the organization to be charitable or for that matter any subsidized or free education was being imparted for residents of the area and other students

Usage of premises was for commercial activity and was purely a commercial venture which was being run to make profits

Suit property was not converted either under Karachi Building and Town Planning Regulations, 2002 or under Cantonment Bye-laws, for commercial purposes and it remained a residential house

Neither formalities and procedures as provided under Karachi Building and Town Planning Regulations, 2002, were observed nor any such procedure under Cantonment Bye-laws had been adhered to

Plaintiff had made out a prima facie case, whereas balance of convenience was also in its favour and so also causing irreparable loss

Interim injunction was granted in circumstances.

2019 CLC 1081 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.91Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120Suit for declaration and injunctionNuisanceProofOnus to prove

If a person is aggrieved by act and conduct of an immediate neighbor who is admittedly contravening statute or law, that first neighbor must prove through evidence that such act is an act of nuisance and only then a relief of injunction can be granted

Such proposition may be correct in a case wherein the immediate neighbor's act is permissible in law

Once the act complained of is admittedly outside the ambit of law and is a case of nuisance per se then aggrieved person must not be asked to prove it through evidence at trial necessarily.

2014 SCMR 1069 SUPREME-COURT-OF-UK Judicial Precedent

NuisanceActivity causing nuisanceLocality, assessment of

Whether a particular activity caused a nuisance often depended on an assessment of the locality in which the activity concerned was carried out.

2014 SCMR 1069 SUPREME-COURT-OF-UK Judicial Precedent

NuisanceDefinition

"Nuisance" could be defined as an action (or sometimes a failure to act) on the part of a defendant, which was not otherwise authorised, and which caused an interference with the claimant's reasonable enjoyment of his land, or which unduly interferes with the claimant's enjoyment of his land.

2011 CLC 1866 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 91NuisanceChange in nature or complexion of residential locality by running therein a commercial establishment

Scope.

2003 PLD 495 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Definition.

1995 CLC 846 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Nuisance Private and public nuisanceDistinction

Private nuisance is a civil wrong while public nuisance is a criminal offence, an act not warranted by law or an omission, to discharge legal duty which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all subjects of State

Public nuisance is of two kinds, actual and constructive or public nuisance in fact and public nuisance in law

Constructive or public nuisance in law means that any act is wrong only because it contravenes provisions of any Act or Ordinance and the test in all those cases is whether if there was no Act or Ordinance the public nuisance complained of would exist at all.

1994 SCMR 2163 SUPREME-COURT Judicial Precedent

NuisanceKinds of nuisanceTest

Determining factors as to what constitutes nuisance elaborated.

1992 CLC 2540 KARACHI-HIGH-COURT-SINDH Judicial Precedent

NuisanceCriminal Procedure Code (V of 1898), S.133Civil Procedure Code (V of 1908), S. 91NuisanceMeaning, scope and import of word "nuisance"

Word "nuisance" would imply unlawful interference with a person's use or enjoyment of land or of some right over or in connection with it

Public nuisance and private nuisance

Distinction

Remedies against public nuisance and private nuisance

Nuisance was either public or private

Causation of public nuisance being an offence, provisions of S. 133, Criminal Procedure Code, 1898, empower exercise of judicial option in the removal of same

Public nuisance while providing cause for punitive action under criminal law would attract mandatory written consent of Advocate-General for institution of civil suit

Public nuisance could also be a private muisance at the same time

Where plaintiffs had shown specific grievances, carrying peculiar stress in the neighbourhood as distinguished from its general impact on the entire locality, objection as to maintainability of suit on account of purported bar under S.91, Civil Procedure Code, 1908, would not be valid.

1982 CLC 332 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 13 (2) (iv)-Nuisance

Landlord residing elsewhere and not in neighbourhood-Nuisance to him may not be relevant-Landlord residing in neighbourhood or in same building wherein or whereabout nuisance created by tenant-Case held, hit by provisions of S. 13 (2) (iv)