Court : Mumbai
Decided on : Jul-30-2004
Reported in : 2005(1)ALLMR193; 2005(2)BomCR900; 2004(4)MhLj372
..... an occasion to consider the import of term 'nuisance or annoyance' as envisaged under the provisions of bombay rents, hotel and lodging house rates control act, 1947, while considering the question as to whether putting up of several pots, rose plants and dumping material necessary for tending and cultivating the rose plants amounted ..... the altar of love of roses, or for tending and culturing rose plants. but the law is not such a loaded ass. law is a protector of balance between fair and unfair, just and unjust, reasonable and unreasonable, entitlement and non-entitlement. not the love of roses, but the appropriation of ..... by indian courts in ram labhya v. dhani ram, it was found by the lahore high court while considering the provisions of the punjab urban rent restriction act that encroachment by a tenant could be the conduct which would amount to nuisance and/or annoyance to the adjoining or neighbouring occupier. ..... a settled law that when word 'or' is used by the legislature, it cannot be used as 'and'. the apex court in the case of state of punjab and ors. v. ramsingh, ex-constable reported in : 3scr634 and puransingh and anr. reported in : 2scr853 has held to the same effect. ..... act available in section 13(1)(i) thereof, found the tenant to be guilty of causing nuisance and/or annoyance when he prevented other occupants of the premises from using the bathroom and the latrine, which the other occupants were entitled to use it as the tenants. a person beating on a railway .....Tag this Judgment!