GOBIND SINGH versus SHANTI SARUP

GOBIND SINGH versus SHANTI SARUP

In matters involving public health, safety and convenience, the view of the magistrate who inspects the site is to be preferred. The order requiring demolition of the oven and chimney is within the scope of the conditional order, but the order preventing appellant from carrying on trade of a baker at the site goes beyond the conditional order.

Parties
Appellant: Gobind Singh; Respondent: Shanti Sarup
Jurisdiction
India
Judgment Date
15 September 1978
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed with modification
Legal Topics
Public Nuisance, Preventive Jurisdiction Under Section 133 Cr PC
Criminal Law Public Nuisance Preventive Jurisdiction Under Section 133 Cr PC

Case Brief

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Parties

Gobind Singh

Appellant

Shanti Sarup

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the oven and chimney constructed by the appellant constituted a public nuisance under Section 133 of the Code of Criminal Procedure, 1898

Ratio Decidendi

In matters involving public health, safety and convenience, the view of the magistrate who inspects the site is to be preferred. The order requiring demolition of the oven and chimney is within the scope of the conditional order, but the order preventing appellant from carrying on trade of a baker at the site goes beyond the conditional order.

Court Disposition

Appeal dismissed with modification

Orders

  • Appellant required to demolish the oven and chimney constructed by him within a period of one month from date of judgment
  • Appellant shall not use the oven and chimney in the meanwhile for any purpose whatsoever