Section 133 of the Criminal Procedure Code allows magistrates to issue conditional orders to remove public nuisances. The Supreme Court of India has used this section innovatively to address environmental problems by ordering local authorities to implement drainage systems and remedy other issues causing public nuisance. While Section 133 grants broad powers, magistrates must ensure conditions are met like a considerable number of people being affected and it being an issue of great emergency or imminent danger before issuing orders. Case law has established stockpiling materials and noise/smell pollution can constitute public nuisances addressed under this section.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Environmental Justice:Challenges, Access and Necessity of National NetworkNafeesa Shamsuddin
Environmental Justice:Challenges, Access and Necessity of National Network
Author : Iqbal Kabir, Lawyer from Bangladesh Environmental Lawyers Association (BELA)
This was presented in the Public Interest Litigation Workshop which was held by the Advocacy Unit of ASK in August 2013
Environmental legislations play a vital role in environmental management. The presentation is a summary collection of legislations for environmental protection prevailing in India.
Builder.ai Founder Sachin Dev Duggal's Strategic Approach to Create an Innova...Ramesh Iyer
In today's fast-changing business world, Companies that adapt and embrace new ideas often need help to keep up with the competition. However, fostering a culture of innovation takes much work. It takes vision, leadership and willingness to take risks in the right proportion. Sachin Dev Duggal, co-founder of Builder.ai, has perfected the art of this balance, creating a company culture where creativity and growth are nurtured at each stage.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
Let's dive deeper into the world of ODC! Ricardo Alves (OutSystems) will join us to tell all about the new Data Fabric. After that, Sezen de Bruijn (OutSystems) will get into the details on how to best design a sturdy architecture within ODC.
GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using Deplo...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
2. Backdrop
There is now, the world over, proliferation of environmental laws operating at
various levels. Any discussion of this phenomenon must notice the paradigm
changes in the concept of standing (locusstandi) as also the role of the court.
This initiation of public interest litigation, the timely demise of the law of
standing, and the expansive interpretation of Article 21 of the Constitution paved
the way for the development of a body of environmental law.
The Supreme Court of India started showing concern about environmental
problems much before the Rio Treaty and long before it started reaching out to
international treaties to provide a jurisprudential basis for its decisions.
One such innovative interpretation of the Apex Court is extending criminal
sanctions to the environmental problems e.g. Municipal Council, Ratlam v.
Vardichan, (1980) 4 SCC 162.
3. Municipal Council, Ratlam v.
Vardichan, (1980) 4 SCC 162
The problem that presented itself before the Court was in one
sense no different from a daily spectacle in the overpopulated
townships of India: the absence of proper drainage systems
creating nuisance of garbage accumulation on the streets.
The response of the Court was however fascinatingly different: it
reached out to Section 133 of the Criminal Procedure Code
that confers upon the Magistracy summary power to give
directions for abatement of a public nuisance and elected the
Judicial Magistrate to frame a scheme to provide a working
drainage system of sufficient capacity to meet the needs of the
people.
4. What Section 133 CrPC provides
Section 133. Conditional order for removal of nuisance.
1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate
specially empowered in this of behalf by the State Government, on receiving the report of a police
officer or other information and on taking such evidence (if any) as he thinks fit, considers-
a) that any unlawful obstruction or nuisance should be removed from any public place or from
any way, river or channel which is or may be lawfully used by the public; or
b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is
injurious to the health or physical comfort of the community, and that in consequence such
trade or occupation should be prohibited or regulated or such goods or merchandise should
be removed or the keeping thereof regulated; or
c) that the construction of any building, or, the disposal of any substance, as is likely to occasion
configuration or explosion, should be prevented or stopped; or
d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and
thereby cause injury to persons living or carrying on business in the neighbourhood or
passing by, and that in consequence the removal, repair or support of such building, tent or
structure, or the removal or support of such tree, is necessary; or
e) that any tank, well or excavation adjacent to any such way or public place should be fenced in
such manner as to prevent danger arising to the public; or
5. Continue…….
f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may
make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such
trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling
such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or
tree, within a time to be fixed in the order-
i. to remove such obstruction or nuisance; or
ii. to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or
occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such
manner as may be directed; or
iii. to prevent or stop the construction of such building, or to alter the disposal of such substance; or
iv. to remove, repair or support such building, tent or structure, or to remove or support such trees; or
v. to fence such tank, well or excavation; or
vi. to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if
he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him
at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why
the order should not be made absolute.
2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.
Explanation- A" public place" includes also property belonging to the State, camping grounds and grounds left
unoccupied for sanitary or recreative purposes.
6. Interest of the public
For invoking jurisdiction under Section 133(1) CrPC it is not
necessary that there should always be danger or inconvenience
to public at large but even if danger or inconvenience is about to
be caused, it is actionable under Section 133(1) and 138 CrPC.
But the Magistrate has to act purely in the interest of the public.
Drastic powers are conferred by Section 133(1). Those powers
should be sparingly used. Any order made under Section 136
without notice under Section 133(1) is bad, consequential order
under Section 144 is also bad.
7. Conditions precedent for the
application of Section 133 CrPC
In order to provide a sanction under Section 133 the Magistrate
must be satisfied that-
1. It is a public nuisance i.e. the number of persons injuriously
affected is so considerable that they may reasonably be
regarded as the public or a portion of it.
2. It is not a private dispute between different members of the
public for which the proper forum is the civil court.
3. It is a case of great emergency of imminent danger to the
public interest.
8. Section 133 CrPC vis-a-vis other
special laws
There are other special or local laws dealing with nuisance. But the Magistrate's power to
act under Section 133 is not affected by them. Even the Water (Prevention and Control of
Pollution) Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under
Section 133 CrPC. The Sub-Divisional Magistrate has power to close a factory causing
pollution, when appreciation certificate from the Pollution Control Board is not produced.
Section 24 of the Environment (Protection) Act, 1986 reads:
1. Subject to the provisions of sub-section (2), the provisions of this Act and the rules or
orders made therein shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act.
2. Where any act or omission constitutes an offence punishable under this Act and also
under any other Act then the offender found guilty of such offence shall be liable to be
punished under the other Act and not under this Act.
Therefore using criminal law machinery is not a bar even as per the Environment
(Protection) Act, 1986.
9. Order of proceedings under Section
133
1. Section 133(1) CrPC : Issue of conditional ex parte orders
2. Section 134 CrPC: Service of order
3. Section 135 CrPC: Person to obey or show cause
4. Section 142 CrPC: in urgency, issue of temporary injunction
5. Section 137(2) CrPC: Enquiry and findings' recording
6. Section 139 CrPC: Examination by an expert
7. Section 138 CrPC: Dropping or continuing the proceedings
8. Section 141 CrPC: Enforcement
10. Case Laws
To analyze the use of criminal sanctions for abatement of environmental nuisance it is essential to
consider the various precedents in this regard. In Ajeet Mehta v. State of Rajasthan,1990 Cri LJ 1956
(Raj),it was held that stocking of fodder on a certain plot in a residential colony constitutes pollution of
atmosphere and hence public nuisance. The order directing removal of this nuisance was held valid and
the respondents were directed not to do any business of fodder on that plot.
In case of Himmat Singh v. Bhagwana Ram, 1988 Cri LJ 614 (Raj), there were fodder tali in a residential
colony to which fodder was brought daily during the night by trucks which were unloaded in the morning.
This caused intolerable noise, emanating offensive smell and spreading dust-containing particles of fodder
cut. It was held as public nuisance.
In Nagarjuna Paper Mills Ltd. v. SDM and RDO, 1987 Cri LJ 2071 (AP), it was observed by the A.P. High
Court that the power relating to air and water pollution, the Water Act, 1974 has taken away the power of
the Sub-Divisional Magistrate to pass an order to close a factory causing pollution.
The above said view was also stated by the Supreme Court in Municipal Council, Ratlam v. Vardichan,
(1980) 4 SCC 162 where Their Lordships held that "when on disclosure of existence of a public nuisance
from information and evidence, the Magistrate considers that such unlawful obstruction or nuisance should
be removed from any public place which maybe lawfully used by the public, he is to order removal of such
nuisance". (SCC p. 170, para 13)
11. Limitations
But while passing an order under Section 133 the Magistrate
should be very keen about the complaint and also should see
the fulfilment of the required conditions as stipulated. Otherwise
the order passed by such Magistrate can be held illegal as it was
in Chabila Roy v. State, 1983 Cri LJ NOC 203 (Cal), where the
Magistrate on receiving a complaint regarding the running of a
"khatal" did not examine the petitioner and the local people
about the physical discomfort or health hazard on account of the
"khatal", passed an order. It was held that the order was illegal
being in variance with express provisions of Section 133 CrPC.
12. Provisions under criminal law
In addition to the provisions of CrPC, Chapter XIV of the Indian Penal Code
deals with public nuisance. It is undoubtedly an offence affecting the public
health, safety, convenience, decency and morals. Under the penal law of
India, nuisance is of two kinds: public and private.
Public or common nuisances, which affect the public, and are an
annoyance to all citizens are treated as public wrongs. Thus a person
trotting rams trained to fight in a market place, a person fouling the water of
a streamlet by putting into it bundles of stalks of tur plants, a person
throwing dust and sweeping on the road in front of his house and thus
making the atmosphere noxious to health, a woman keeping on her
premises vegetable matter which caused a smell offensive to a person
13. Conclusion
From the above discussion, it is evident and clear that even prior to the development of the
Environment Protection Act, 1986 and the Rio Declaration the Indian judiciary has set up a
new jurisprudence for the environment protection and also for the prevention of
environmental pollution. If this thought is interpreted further i.e. use of criminal machinery
for the protection of the environment, it is sure that the environmental problems can be
solved speedily and economically, and a revolutionary change can be brought not only to
safeguard the environment but also safeguard the lives of the public at large. Because in
the present context as said by Justice V.R. Krishna Iyer "it is not how many laws we
have, it is how effectively we implement". Hence invoking Section 133 CrPC and other
relevant criminal provisions under different laws will pave a way for the better
environmental governance and also for the abatement of environmental nuisance.
14. "The Sky is like Father
The Earth is like Mother and
The Space as Their Son
The Universe consisting the Three
is like a Family and
Any kind of damage done to any one of the
Three
Throws the Universe out of Balance"
Rigveda, 160.2; 6.51.5