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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.
The word 'nuisance' is derived from the French word 'nuire' and the Latin word 'nocere' which means 'to do hurt or to annoy'. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.
There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.
Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:
(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.
(2) Such injury must be direct and not mere consequential injury.
(3) The injury must be of suspension character.
Private nuisance is the using or authorising the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.
Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if you're not the person responsible for causing the nuisance.
Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbour's land; Nuisance by direct physical injury to a neighbour's land; Nuisance by interference with a neighbour's quiet enjoyment of his life.
If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.
Q. John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.
  • a)
    It is a private nuisance as it caused inconvenience to John.
  • b)
    It is a public nuisance as it caused inconvenience and Josh would be held liable.
  • c)
    This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.
  • d)
    None of the above
Correct answer is option 'B'. Can you explain this answer?
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Directions: The question is based on the reasoning and arguments, or f...
The ringing was a public nuisance and Josh must be entitled to an injunction. In this case, John resided in a house next to a Roman Catholic Church of which the defendant was the priest and the chapel bell was rung at all hours of the day and night.
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Bunty, an MLA of Jodha district, put up a hoarding, advertising himself and his party. The hoarding was put up in a way that due to wind, the strings might hang in such a way that it could cause injury to a bike rider. Javed on the way to his home on a rainy day met with an accident on the same highway. Javed filed a suit against Bunty. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Amar owns a house in Delhi. Amars adjoining house caught fire due to short circuit. It was held that it was due to water leaks through the wall of Amars house. Amars neighbour filed a complaint against him that Amar was liable for the short circuit. On the other hand, Amar gave a plea that he was not in the town for a week when the fire broke out. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.Nilson lives in Sunshine apartments on 4th floor. He is an animal lover and has pets in his flat. He has a dog who barks continuously throughout the night. Nilson lets his dog bark outside the apartment every night. The neighbours filed a complaint against Nilson. Decide.

Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.A private factory dumps its chemical waste through a private pipeline which opens up near the local water supply of the town. A local saw it and filed a suit against it. Decide.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.Q.Naman is a police officer who is tracking down an arms shipment and has been monitoring Shrutis emails, phone messages and her Whatsapp messages. Naman has been keeping an eye on Shruti for a month. On knowing this fact, Shruti filed a complaint against Naman under Section 354 D of IPC. Naman was sentenced 2 years imprisonment for being the first case of stalking from Shruti. Is the sentence valid?

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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The word nuisance is derived from the French word nuire and the Latin word nocere which means to do hurt or to annoy. Nuisance is an activity or state of affairs that interferes with the use of enjoyment of land or rights over land or with the health, safety, or comfort of the public at large. Nuisance is an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use of by another person of his own property.There are two kinds of nuisance: (I) Public nuisance, and (II) Private nuisance.Public nuisance is a crime. S. 268 of IPC says, "Public nuisance is a criminal offence." It says that a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Public nuisance can only be the subject of one action; otherwise, a party might be ruined by a million suits. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved:(1) He must show a particular injury to himself beyond that which is suffered by the rest of public.(2) Such injury must be direct and not mere consequential injury.(3) The injury must be of suspension character.Private nuisance is the using or authorising the use of ones property, or of anything under ones control, so as to injuriously affect an owner or occupier of property by physically injuring his property or affecting its enjoyment by interfering materially with his health, comfort or convenience.Private nuisance in contrast to the public nuisance is an act affecting some particular individual or individuals as distinguished from the public at large. It cannot be made the subject of an indictment, but maybe the ground of civil action for damages or an injunction or both. If the nuisance occurs because of a structural defect on your premises, action may be taken against you as the owner of the premises, even if youre not the person responsible for causing the nuisance.Essentials are an unlawful act, and damage actual or presumed. Damage actual or presumed is an essential element for an action on nuisance. There are three kinds of nuisance; Nuisance by encroachment on a neighbours land; Nuisance by direct physical injury to a neighbours land; Nuisance by interference with a neighbours quiet enjoyment of his life.If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what he has been done irrespective of negligence.Q.John lived next to a Roman Catholic Church of which Josh was the priest and the chapel bell was rung at all hours of the day and night. John filed a suit against Josh. Decide.a)It is a private nuisance as it caused inconvenience to John.b)It is a public nuisance as it caused inconvenience and Josh would be held liable.c)This is a religious place and everybody has a right to practise their own religion. Hence, no nuisance is caused.d)None of the aboveCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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