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Q: What are the remedies available in case of nuisance ?

Ans: There are three kinds of remedies available in the case of a nuisance, these are: 1. Injunction An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal rights of another. It may be in the form of a temporary injunction which is granted on for a limited period of time which may get permanent once confirmed. If it is confirmed, then it takes the form of a permanent injunction. 2. Damages The damages may be offered in terms of compensation to the aggrieved party, these could be nominal damages. The damages to be paid to the aggrieved party is decided by the statue and the purpose of the damages is not just compensating the individual who has suffered but also making the defendant realise his mistakes and deter him from repeating the same wrong done by him. 3. Abatement Abatement of nuisance means the removal of a nuisance by the party who has suffered, without any legal proceedings. This kind of remedy is...
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Q: What is the difference between Nuisance and Trespass ?

Ans:  Trespass ,  is the direct physical interference with the plaintiff’s possession of the property through some material or tangible object whereas, in the case of a nuisance , it is an injury to some right of the possession of the property but not the possession itself. Trespass is actionable per se (actions which do not require allegations or proof), whereas, in the case of a nuisance, only the proof of actual damage to the property is required and is per se actionable.  Example 1:  Simply entering on another individual’s property without the owner’s consent and without causing him any injury would be trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property, then it will amount to a nuisance. It is to be noted that if the interference with the use of the property is direct, then the wrong is trespass whereas if the interference with the use or enjoyment of the property is consequential then it will ...
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Q: What is Private Nuisance ?

Ans: Private Nuisance is that kind of nuisance in which a person’s use or enjoyment of his property is ruined by another. It may also injuriously affect the owner of the property by physically injuring his property or by affecting the enjoyment of the property.
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Q: What is Public Nuisance ?

Ans: Public nuisance affects the society as well as the people residing in it at large, or some considerable portion of the society and it affects the rights which the members of the society might enjoy over the property. The acts which seriously affects or impedes with the health, safety or comfort of the general public is a public nuisance.
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Q: What are the essential elements of Nuisance ?

Ans:   Essential elements of Nuisance:  Wrongful act Any act which is done with the intention to cause the infringement of the legal rights of another is considered to be a wrongful act. Damage or loss or annoyance caused to another individual. Damage or loss or annoyance must be such which the law should consider as a substantial material for the claim.
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Q: How was the word nuisance derived in tort ?

Ans: The word “nuisance” has been derived from the Old French word “nuire” which means “to cause harm, or to hurt, or to annoy”. The Latin word for nuisance is “nocere” which means “to cause harm”.
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Q: How should the religious places be not targeted under Geneva Convention?

Ans: The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war to maintain human ecology in environment. Human ecology is an interdisciplinary and transdisciplinary study of the relationship between humans and their natural, social, and built environments. Religious differences can absolutely not be justification for conflict, and places of worship should in no case be used as targets. This problem is related to the 'violation of the basic principles of international humanitarian law'. The facts of the instant problem are similar to 'Temple of the Tooth Attack Case'. Temple of the Tooth attack is an attack on the Buddhist Temple in Kandy, Sri Lanka. On 25/01/1998, the LTTE exploded massive truck bomb inside the Temple of the Tooth premises, which was to be the centre the independence day celebrations. Three suicide LTTE Black Tigers drove an explosive laden truck along the Kin...
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