AIR 2000 SUPREME COURT 1410 ::2000 AIR SCW 1130 ::(2000) WLC(SC)CVL 235 ::2000 (2) UJ (SC) 910 ::2000 UJ(SC) 2 910 ::2000 (4) SCC 50 ::2000 (2) RecCivR 595 ::(2000) 2 Scale 584 ::2000 (126) Pun LR 534 ::2000 (2) All CJ 1091 ::2000 (2) Andh WR 6 ::(2000) 39 All LR 380 ::2000 (2) ICC 654 ::2000 (3) MadLW 254 ::(2000) 3 Pun LR 534 ::2000 (3) LandLR 364 ::2000 (4) LRI 55 ::(2000) 3 Supreme 49 ::(2000) 1 CurLJ(CCR) 354 ::2000 (4) SRJ 482 ::(2000) 3 JT 526 (SC) ::2000 (3) JT 526

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Ajay Prakash Misra, R. C. Lahoti , JJ

(A) Tort - Quia timet - It is preventive action - Court can in such action appoint receiver or direct furnishing of security or issue injunction etc. Civil P.C. (5 of 1908) , O.39 R.1— A quia timet action is a bill in equity. It is an action preventive in nature and a specie of precautionary justice intended to prevent apprehended wrong or anticipated mischief and not to undo a wrong or mischief when it has already been done. In such an action the Court, if convinced, may interfere by appointment of receiver or by directing security to be furnished or by issuing an injunction or any other remedial process.(Para 6) (B) Tort - Nuisance - Existing or future - Distinction between and extent of proof required. A nuisance actually in existence stands on a different footing than a possibility of nuisance or a future nuisance. An actually existing nuisance is capable of being assessed in terms of its quantum and the relief which will protect or compensate the plaintiff consistently with the injury caused to his rights is also capable of being formulated. In case of a future nuisance, a mere possibility of injury will not provide the plaintiff with a cause of action unless the threat be so certain or imminent that an injury actionable in law will aris....