REMEDY UNDER NUISANCE

PROPOSAL SUBMITTED BY

NAME: PRINCE KUMAR

ROLL NO: 1952
SEMESTER: FIRST
SESSION: FIRST
SESSION: 2018-2023
COURSE: B.A. LLB (HONS)
PROPOSAL SUBMITTED TO

Mrs SUSHMITA SINGH

FACULTY OF LAW OF TORTS
THE RESERCH PROPOSAL SUBMITTED IN THE PARTIAL
FILFULMENT OF THE PROJECT

LAW OF TORTS

AUGUST: 2018

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001
 INTRODUCTION

Tort law in India is a relatively new common law development supplemented by

codifying statutes including statutes governing damages. While India generally
follows the UK approach, there are certain differences which may
indicate judicial activism, hence creating controversy. Tort is breach of some
duty independent of contract which has caused damage to the plaintiff giving
rise to civil cause of action and for which remedy is available. If there is no
remedy it cannot be called a tort because the essence of tort is to give remedy to
the person who has suffered injury. The word “nuisance” is derived from the
French word “nuire”, which means “to do hurt, or to annoy”. One in possession
of a property is entitled as per law to undisturbed enjoyment of it. If someone
else’s improper use in his property results into an unlawful interference with his
use or enjoyment of that property or of some right over, or in connection with it,
we may say that tort of nuisance occurred. In other words, Nuisance is an
unlawful interference with a person’s use or enjoyment of land, or of some right
over, or in connection with it. Nuisance is an injury to the right of a person in
possession of a property to undisturbed enjoyment of it and result from an
improper use by another person in his property. Abetment; it means removable
of nuisance by the person affected, but the removable must be peaceful and life
should not be endangered. Injection; it is based on the nature of the nuisance
and if the nuisance is such that it is impeding and should be stopped. Then
injection is necessary. Damages; if plaintiff succeeds in proving that the
nuisance caused damages to his property or health, and then the Court may
order for payment of compensation for the damages.

AIMS AND OBJECTIVE

1. Researcher tends to highlight on the nuisance.

2. Researcher tends to highlight on the remedy under nuisance.
3. Researcher wants analyse case laws under the title.
 RESEARCH METHODOLOGY

This project is based mainly and heavily on write text material. It is

based on the primary and secondary methods of research. This
segment are structured and written activity. The writing style is
descriptive as well as analytical. This project has been done after a
thorough research based upon intrinsic and extrinsic aspect of the
assigned topic.

SOURCES OF DATA
PRIMARY SOURCE:

I. BOOKS

SECONDARY SOURCES:

2 MATERIAL AVAILABLE ON INTERNET

CHAPTERIZATION

1. Introduction
2. Kind of nuisance
i. Private nuisance
ii. Public nuisance
3. Remedies
i. Abetment
ii. Injection
iii. Damages

4. Scope of case law in legal methods and research

5. Concluding observations and remark

LIMITATIONS OF THE STUDY

The “Law of Torts” not being much prevalent in our country, the
researcher has territorial and monetary limitations in completing the
project at hand. Moreover, taking the time into consideration, the
researcher has to rely upon the doctrinal method of research.

BIBLIOGRAPHY

BOOKS:
i. Dr. R.K. BANGIA, The Law of torts 22nd ED., Allahabad Law
agency, Faridabad,2010
ii. A Lakshminath and M. Sridhar, The Law of Torts,10th Ed., Lexis-
Nexis Butterworths, New Delhi, 2007
iii. Andrew Burrows, remedies for Torts and Breach of Contract, 3rd
Ed., Oxford university Press, 2004
iv. Justice G. P. Singh, The law of Torts,25th Ed, Wadhwa and co.,
Nagpur, 2006
.
WEBSITS REFERRED
i. https://www.lawteacher.net/free-law-essays/tort-law/law-of-
torts.php
ii. https://www.linkedin.com/pulse/types-nuisance-its-remedies-cs-
deepak-pratap-singh
iii. https://nuisances.uslegal.com/remedies-and-procedure
iv. http://www.alllaw.com/articles/nolo/personal-injury/legal-
remedies-private-nuisance-case.html