Section 91: Public nuisances and other wrongful acts affecting the public

Code of Civil Procedure Section 90. Power to state case for opinion of Court.

¹[PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC]

91. Public nuisances and other wrongful acts affecting the public.—²[(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—

(a) by the Advocate-General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

Note: 1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977).

2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 92. Public charities.

Simplified Explanation:

Section 91 deals with public nuisance and other wrongful acts affecting the public. It is corresponding to the provisions of Section 133 Cr.P.C. for removal of nuisance. But Section 91 deals with the public nuisance only, though Section 133 Cr. P.C. Covers public as well as the private nuisance. Plaintiff does not need to prove that he has suffered any injury.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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