Sheikh AZFAR AMIN vs Chaudhary ASIF ALI S — 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Sheikh AZFAR AMIN vs Chaudhary ASIF ALI S
Subject matter: Criminal
Provisions referred to: S. 91---C; S. 133---P; S. 133; S. 91; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sheikh AZFAR AMIN VS Chaudhary ASIF ALI S. 91---Criminal Procedure Code (V of 1898), S. 133---Public and private nuisance---Cause of action---Special damage---Scope---One act that was crime under S. 133, Code of Criminal Procedure, 1898 and civil wrong under S. 91, Code of Civil Procedure, 1908, as public nuisance, could possibly provide a cause for an action as private nuisance to an individual---Section 91 of the Code of Civil Procedure, 1908, allowed the action for public nuisance even in the absence of proof of special damages, however, where an individual could prove the special damage, could maintain the action as private nuisance for the same act---Damage would qualify as special if it was particular and direct. Head Notes

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