ITC Limited vs Chowringhee Residency Private-CHC-16/01/2015

NUISANCE-The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should 'march with' a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance..., there is no basis, in principle or authority, for using such a statutory scheme to cut down private law rights