Precautionary Principle

Sujatha vs A.Prema and others (2005.06.20)

IN THE HIGH COURT OF KERALA

Justice .M.Sasidharan Nambiar

Dated 20th June, 2005

Sujatha vs A.Prema and ors

Reported in Indian Law Reports 2005 (3) Kerala Page 258

1.The nuisance sought to be removed by invoking Section 133 of the Code of Criminal Procedure is the nuisance caused by environmental pollution. Whether the onus proof is on the party who alleges the nuisance or on the person who causes the alleged nuisance. It is the interesting question to be resolved.

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