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Introduction to Torts Affecting Defamation for CLAT - Practice Questions & MCQ
Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT
Quick Facts
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16 Questions around this concept.
Solve by difficulty
Read the given passage very carefully and answer the question.
Malicious prosecution is a common law tort, which found its origin in the ancient English regime. The most important aspect of a person’s life is his life, liberty, and reputation. The concept of malicious prosecution safeguards all three of them by effectively protecting the person from unwanted and maliciously instituted proceedings. The origin of this concept, in effect, came from the abuse of the judicial process. Professor Winfield has the following to say about the law of malicious prosecution: “It had to make its way between two competing principles, -freedom of action that every man should have in bringing criminals to justice and the necessity for checking lying accusations of innocent people. For some time the judges oscillated between apprehension of scarring off a just accuser and fear of encouraging a malicious one.” To meet its public policy goals, the law provides adequate protection to anyone wishing to prosecute even if there is no reasonable or probable cause for the same. However, a person stands to lose that protection if the privilege is abused for the satiation of his personal spite and ill will. Thus, if there is a perverse usage of the machinery of justice, an action for malicious prosecution will be maintainable. There must have been a prosecution initiated by the defendant. The word 'prosecution' means a proceeding in a court of law charging a person with a crime. To prosecute is to set the law in motion and the law is set in motion only by an appeal to some person clothed. The person to be sued is the person who was 'actively instrumental in putting the law in force. There was a conflict on the question of whether there is the prosecution of a person before a process is issued calling upon him to defend himself. One view was that a prosecution began only when the process was issued and there could be no action when a magistrate dismissed a complaint under section 203 of the code of criminal procedure. The other view was that a prosecution commenced as soon as a charge was made before the court and before the process was issued to the accused.
Question
Which of the following statements is incorrect?
Priya wrote a letter to Anvita calling her a girl of bad character. When Anvita read the letter, and feels very offended. The next day she shows it to a friend and later brings up a case. Decide.
Which of the following is not an essential of defemation?
Concepts Covered - 1
Kinds of Private Nuisance and its difference
Kinds of Private Nuisance:
Continuous Nuisance:
- Continuous nuisance involves ongoing and uninterrupted interference with the use and enjoyment of the affected property.
- It typically relates to activities or conditions that persist without significant interruptions.
- Example of Continuous Nuisance: Imagine a factory that operates 24/7, emitting loud noises, and releasing pollutants into the air. This continuous interference disrupts the nearby residents' sleep, daily activities, and overall quality of life.
Intermittent or Temporary Nuisance:
- Intermittent or temporary nuisance, on the other hand, involves recurrent but not continuous disruptions.
- The interference occurs periodically or at specific intervals but may not be constant.
- Example of Intermittent Nuisance: A nightclub hosts loud events every weekend during the late hours. While the noise occurs periodically, it consistently disrupts nearby residents' peace and tranquility during those specific times.
Differences Between Continuous and Intermittent Nuisance:
| S.No. | Kinds of Private Nuisance | Continuous Nuisance | Intermittent Nuisance |
| 1 | Duration of Interference | The interference persists without significant breaks and can occur 24/7. | Intermittent Nuisance: The interference occurs at specific intervals or during particular times but is not constant |
| 2 | Predictability | The affected party can typically predict when and how the interference will happen due to its constant nature. | he affected party may know when the interference is likely to occur but cannot predict it with absolute certainty. |
| 3 | Examples | Activities like ongoing construction, factories emitting pollutants, or permanent noise sources fall under continuous nuisance. | Intermittent Nuisance: Events such as occasional loud parties, weekend festivals, or periodic agricultural activities can be considered intermittent nuisances |
Indian Case Law - Private Nuisance:
- In Rajendra G. Patel v. Sumanbhai K. Patel (1999), the Gujarat High Court addressed the issue of excessive and frequent use of loudspeakers during religious festivals.
- This practice caused noise pollution and disturbed the peace of neighboring residents.
- The court ruled that such actions amounted to private nuisance, emphasizing the importance of balancing religious practices with the rights of individuals to enjoy their property peacefully.
Indian Constitution and Private Nuisance:
- While the Indian Constitution does not explicitly mention private nuisance, its principles indirectly support the protection of property rights and the prevention of unreasonable interference.
- Articles 21 (right to life and personal liberty) and 19 (freedom of movement and residence) imply the importance of safeguarding an individual's right to peaceful enjoyment of their property.
- Additionally, Article 48-A mandates the state to protect and improve the environment, reinforcing the need to address nuisances that impact the environment and public well-being.
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