Law: Criminal Procedure Code (V of 1898)

Section: 133

(a) Criminal Procedure Code (V of 1898)--- ----S. 133---Conditional order for removal of nuisance---Interpretation and scope of S.133, Cr.P.C.---Maxim: Sic utere tuo ut alienum non laedas---Scope assailed order passed by Magistrate whereby he had directed the public functionaries to close/remove unauthorized coach stands and illegal encroachments on the roads throughout the city and other respondents had established their coach stands without any permit or lawful authorization issued by the Regional Transport Authority---Maxim: sic utere tuo ut alienum non laedas (Use your own property in such a manner as not to injure that of another) was a complete answer to the contention of petitioner that he and others had established the coach stands on privately owned properties and others had established the coach stands in breach of their inviolable obligation of conducting themselves in accordance with law and the Constitution, therefore, the inherent powers vested in the High Court under S.561-A, Cr.P.C. could not be exercised in favour of the petitioner or any other person sailing the boats constructed with the same material---Petition, being devoid of merits, was dismissed. Haji Mullah Noor Ullah v. Secretary Mines and Minerals and 3 others 2015 YLR 2349 rel. Shah Muhammad v. Addl. Sessions Judge, Bahawalpur and 5 others 1998 PCr.LJ 1987; Haji Abdul Aziz and 2 others v. Haji Dost Muhammad and 5 others 1999 PCr.LJ 31; Haji Raz Muhammad and 9 others v. District Magistrate, Quetta 2000 PCr.LJ 1702; Mrs. Anjum Irfan v. Lahore Development Authority through Director-General and others PLD 2002 Lah. 555; Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997 and Zafrullah Khan v. Federation of Pakistan 2018 SCMR 2001 ref. (b) Nuisance--- ----Kinds--- "Private nuisance", "public nuisance" and "annoyance"---Connotation. Nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultra-hazardous in origin, and must be a result of defendant's activity. Term 'Nuisance' connotes and includes any act, omission, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to…

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