In Madhavi v. Thilakan (Kerala High Court, 5 October 1988), was the livelihood of a workshop owner and…
The Court held that "No; livelihood alone did not justify leaving a public-health nuisance unaddressed". It set aside the order that had dropped the proceedings and directed…
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In Madhavi v. Thilakan (Kerala High Court, 5 October 1988), was the livelihood of a workshop owner and employees, by itself, a justification for refusing to address a public nuisance under CrPC section 133?
Answer and explanation
Correct answer B
The Court held that "No; livelihood alone did not justify leaving a public-health nuisance unaddressed". It set aside the order that had dropped the proceedings and directed fresh consideration after hearing both sides; it did not order automatic permanent closure.
The corresponding provision is now section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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