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Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?
Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisance
  • a)
    Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.
  • b)
    Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.
  • c)
    No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.
  • d)
    No, because India is a free country and Jalebi Bai can do whatever she chooses to.
Correct answer is option 'C'. Can you explain this answer?
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Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was...
Considering the principal chameli is causing unreasonable interference in Jalebi's right to property and is causing nuisance.
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Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was...
Answer:

Principle:

Whoever causes unreasonable interference to the right of another over his property and space is causing nuisance.

Facts:

Jalebi Bai conducted Nitinnatyam lessons in her flat, which was just above Chameli’s flat. Chameli suffered from migraine, and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance.

Analysis:

To determine whether Chameli can succeed in her lawsuit against Jalebi Bai, we need to examine whether Jalebi Bai's interference is unreasonable or not.

Unreasonable Interference:

Unreasonable interference means interference that is excessive or beyond what a reasonable person might expect under the circumstances. In this case, Jalebi Bai's conduct of conducting dance classes in her flat may not be considered unreasonable as it is a common activity carried out in residential buildings.

Sensitivity of Plaintiff:

Chameli's sensitivity to the noise may not be sufficient grounds to establish that Jalebi Bai's interference is unreasonable. As a resident living in a shared building, Chameli is expected to tolerate reasonable levels of noise from her neighbors.

Consideration for Neighbors:

Although Jalebi Bai might be expected to be considerate of her neighbors and their well-being, it does not necessarily mean that her conduct is unreasonable.

Conclusion:

Based on the facts and analysis, Chameli is unlikely to succeed in her lawsuit against Jalebi Bai for nuisance. Jalebi Bai's interference is not unreasonable, and Chameli's sensitivity to the noise is not sufficient grounds to establish that Jalebi Bai's conduct is unreasonable.
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Damini returned to India from the US and saw that the country had changed to a huge extent. She came to her apartment directly from the airport and saw that the apartment had no sunlight. She noticed that a company had put a hoarding that blocked sunlight into her house. She also saw that someone was entering her house on a regular basis and using her apartment. She decided to file a complaint against these activities the next day. At night she was going to sleep when she heard loud music being played by the neighbors, she went to the neighbor’s house and asked them to reduce the amount of noise being made by them. The neighbors were drunk and it ended up in an argument between Damini and the neighbors. The neighbors threatened to kill her and one also threw a glass which nearly missed Damini. One of the neighbors charged towards Damini to which Damini slapped the neighbor. Damini went back home scared of the entire incident. She went to the police station the next day and filed a case against 3 people for 4 offenses. When she was filing a complaint against her neighbor she came to know that her neighbor had already filed a complaint against Damini as Damini had slapped her.Battery means physical harm done to an individual which is not of such grave nature. The law states that all people have the right to live a decent life and no one can trespass the property of any other individual without the consent of the individual. A person has a right to live life without nuisance. Nuisance means any inconvenience caused by an individual directly or through his/her act which does not let a person enjoy/stay peacefully in his/her own property. A person has the right to enjoy his property which includes access to fresh air and light in the property, and this extends to an air space of 10 feet above the property. The defenses available to these offenses are private defence, act of god, statutory authority.Q. The neighbors filed a complaint of battery against Damini as she slapped one of the neighbors. Will she be liable for battery?

Damini returned to India from the US and saw that the country had changed to a huge extent. She came to her apartment directly from the airport and saw that the apartment had no sunlight. She noticed that a company had put a hoarding that blocked sunlight into her house. She also saw that someone was entering her house on a regular basis and using her apartment. She decided to file a complaint against these activities the next day. At night she was going to sleep when she heard loud music being played by the neighbors, she went to the neighbor’s house and asked them to reduce the amount of noise being made by them. The neighbors were drunk and it ended up in an argument between Damini and the neighbors. The neighbors threatened to kill her and one also threw a glass which nearly missed Damini. One of the neighbors charged towards Damini to which Damini slapped the neighbor. Damini went back home scared of the entire incident. She went to the police station the next day and filed a case against 3 people for 4 offenses. When she was filing a complaint against her neighbor she came to know that her neighbor had already filed a complaint against Damini as Damini had slapped her.Battery means physical harm done to an individual which is not of such grave nature. The law states that all people have the right to live a decent life and no one can trespass the property of any other individual without the consent of the individual. A person has a right to live life without nuisance. Nuisance means any inconvenience caused by an individual directly or through his/her act which does not let a person enjoy/stay peacefully in his/her own property. A person has the right to enjoy his property which includes access to fresh air and light in the property, and this extends to an air space of 10 feet above the property. The defenses available to these offenses are private defence, act of god, statutory authority.Q. Which one of the following would not have a defence?

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Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisancea)Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.b)Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.c)No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.d)No, because India is a free country and Jalebi Bai can do whatever she chooses to.Correct answer is option 'C'. Can you explain this answer?
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Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisancea)Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.b)Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.c)No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.d)No, because India is a free country and Jalebi Bai can do whatever she chooses to.Correct answer is option 'C'. 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 Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisancea)Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.b)Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.c)No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.d)No, because India is a free country and Jalebi Bai can do whatever she chooses to.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisancea)Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.b)Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.c)No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.d)No, because India is a free country and Jalebi Bai can do whatever she chooses to.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Facts: Jalebi Bai conducted Nitinnatyam lessons in her flat which was just above Chameli’s flat. Chameli suffered from migraine and the constant thud of people’s feet from the ceiling of her house gave her severe headaches. Chameli decided to sue Jalebi Bai for nuisance. Will she succeed?Principle: Whoever causes unreasonable interference to the right of another over his property and space is causing nuisancea)Yes, because Jalebi Bai should consider Chameli’s illness. They are neighbours, after all, and should be considerate to each other.b)Yes, because Chameli is getting disturbed, ad her health is deteriorating because of the dance lessons being conducted by Jalebi Bai.c)No, because Jalebi Bai‘s interference is not unreasonable. It is just that Chameli is a sensitive plaintiff.d)No, because India is a free country and Jalebi Bai can do whatever she chooses to.Correct answer is option 'C'. 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.
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