Nuisance Questions and Answers

Q: A suit alleging 'public nuisance' can be instituted by;(A) Advocate General of the State.(B) By two or more persons, who have suffered the damage.(C) By two or more persons, with the leave of the Court, even though no special damage has been caused to them.(D) A member of the local body.Which of the following combination is correct?

The correct combination is (A) & (C).Under Section 91 of the Code of Civil Procedure, 1908, a suit for a declaration, injunction or other relief in respect of a public nuisance may be instituted by the Advocate General, or by two or more persons with the leave of the Court, even though no special damage has been caused to them.Statement (B) misses the point of the section: persons who have suffered special damage can sue in their own right, but Section 91 is the route for a public nuisance where no special damage is needed. A single member of the local body (D) has no standing under the section, so the combinations with (B) or (D) are wrong.

Q: A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as

It can be classified as Nuisance.Private nuisance is an unlawful and unreasonable interference with a person's use or enjoyment of land. Loud noise from a neighbouring flat at midnight is a textbook example: nothing physically enters the property, but the occupier's enjoyment of it is disturbed.Trespass needs a direct physical intrusion on land. Conversion concerns dealing with someone else's goods, and interference with contractual relations concerns inducing a breach of contract. None of these is about noise.

A suit alleging 'public nuisance' can be instituted by;

(A) Advocate General of the State.
(B) By two or more persons, who have suffered the damage.
(C) By two or more persons, with the leave of the Court, even though no special damage has been caused to them.
(D) A member of the local body.

Which of the following combination is correct?

A.(A) & (B).
B.(A) & (C).
C.(B) & (D).
D.(C) & (D).

Exam Year(s)

Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,

Answer: B

The correct combination is (A) & (C).

Under Section 91 of the Code of Civil Procedure, 1908, a suit for a declaration, injunction or other relief in respect of a public nuisance may be instituted by the Advocate General, or by two or more persons with the leave of the Court, even though no special damage has been caused to them.

Statement (B) misses the point of the section: persons who have suffered special damage can sue in their own right, but Section 91 is the route for a public nuisance where no special damage is needed. A single member of the local body (D) has no standing under the section, so the combinations with (B) or (D) are wrong.

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A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as

A.Nuisance
B.Trespass
C.Interference with contractual relation
D.Conversion

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: A

It can be classified as Nuisance.

Private nuisance is an unlawful and unreasonable interference with a person's use or enjoyment of land. Loud noise from a neighbouring flat at midnight is a textbook example: nothing physically enters the property, but the occupier's enjoyment of it is disturbed.

Trespass needs a direct physical intrusion on land. Conversion concerns dealing with someone else's goods, and interference with contractual relations concerns inducing a breach of contract. None of these is about noise.

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For constituting tort of nuisance, there should be

A.Unreasonable interference
B.Interference should be with the use of enjoyment of land.
C.Damage
D.All of the above

Exam Year(s)

UGC NET - 2012,

Answer: D

All three elements are needed for the tort of nuisance, option D: an unreasonable interference, an interference with the use or enjoyment of land, and damage. A nuisance is an unlawful interference with a person's use or enjoyment of land, or of some right over it. The interference must be unreasonable according to the locality and circumstances, and, in a private nuisance, there must be damage. Each of options A, B and C is only one element.

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State in which of the following cases, it amounts to nuisance ?

A.Planting of trees on another's land.
B.When branches of trees project on the land of their neighbour.
C.Construction of a pond on the land of another.
D.All of the above

Exam Year(s)

UGC NET - 2013,

Answer: B

It amounts to nuisance when the branches of trees project on the land of a neighbour, which is option B. The overhanging branches interfere with the neighbour's use and enjoyment of land.

The key does not take planting trees on another's land or constructing a pond on another's land as nuisance, since these are trespasses and not nuisances, so A, C and D are wrong.

Nuisance is the interference with the use and enjoyment of land, and the overhanging branch is the standard example.

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Assertion (A) : In tort of nuisance, interference by the defendant may cause damage to the plaintiff's property or personal discomfort in the enjoyment of property.

Reason (R) : Every interference in the use of property is a nuisance.
Select the correct answer using the codes given below :
Codes :

A.Both (A) and (R) are individually true and (R) is the correct explanation of (A).
B.Both (A) and (R) are individually true, but (R) is not the correct explanation of (A).
C.(A) is true, but (R) is false.
D.(A) is false, but (R) is true.

Exam Year(s)

UGC NET - 2013,

Answer: C

The assertion is true: nuisance is an interference by the defendant that either damages the plaintiff's property or causes personal discomfort in enjoying it. The reason is false: not every interference is a nuisance, and only an unreasonable or unlawful interference is actionable, judged against the locality and the standard of the ordinary person. So the assertion is true but the reason is false.

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For an action of nuisance defendant can put up the following defences.

1. The place is suitable for the purpose.
2. It is for the benefit of the residents of colony.
3. It is done under statutory authority.
4. Plaintiff has consented to the act. Select the right code.
Codes :

A.1, 2 and 3 are correct.
B.2, 3 and 4 are correct.
C.1, 3 and 4 are correct.
D.3 and 4 are correct.

Exam Year(s)

UGC NET - 2013,

Answer: D

In an action for nuisance, statutory authority and the plaintiff's consent are valid defences, which are 3 and 4. The facts that the place is suitable for the purpose, or that the act benefits the residents of the colony, are not defences, because nuisance is judged by its effect on the plaintiff's enjoyment of land, and public benefit does not excuse it. So option D is correct. Public benefit or suitability of the place may be relevant to the amount of harm but they are not defences, and in Sturges v. Bridgman the court held that what is reasonable in one locality may be a nuisance in another.

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