https://www.taxtmi.com/caselaws?id=181846 Section 133 of the Code of Criminal Procedure, 1898 operates as an enforceable public remedy once jurisdictional facts showing a public nuisance are established, so the Magistrate must act rather than treat the matter as discretionary. The municipal council's statutory duties to provide cleansing, drainage and abatement of nuisance under section 123 of the Madhya Pradesh Municipalities Act, 1961 are mandatory, and financial inability is not a legal defence to resist compliance. The Court also recognised that directions under section 133 may be framed in workable terms while still securing public health and sanitation, and disobedience of such lawful directions may attract penal consequences under section 188 of the Indian Penal Code, 1860. en-us Tue, 29 Jul 1980 00:00:00 +0530 Tue, 26 Apr 2016 12:44:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181846 Section 133 of the Code of Criminal Procedure, 1898 operates as an enforceable public remedy once jurisdictional facts showing a public nuisance are established, so the Magistrate must act rather than treat the matter as discretionary. The municipal council's statutory duties to provide cleansing, drainage and abatement of nuisance under section 123 of the Madhya Pradesh Municipalities Act, 1961 are mandatory, and financial inability is not a legal defence to resist compliance. The Court also recognised that directions under section 133 may be framed in workable terms while still securing public health and sanitation, and disobedience of such lawful directions may attract penal consequences under section 188 of the Indian Penal Code, 1860. Case-Laws Indian Laws Tue, 29 Jul 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181846