New Delhi: The Supreme Court has argued that only fire accidents can be called God’s inevitable and caused by the power of external nature and not because of active or passive human negligence.
The Force Majeure Clause or God’s actions are an exception that releases the party’s contractual obligations to some extent when events beyond their control occurs and let them cannot do part of their contract.
Surprisingly legal disputes between the Excise Ministry and the McDowell company at the request submitted against the company on the loss of excise income due to the destruction of liquor in a fire in the warehouse, judge, Khanhwari, Dinesh Murari, “When there is no external natural power has operated with violence or arriving -Tiba, the fire incident in question can be referred to anything except for God’s actions in legal language “.
The bench set aside the sequence of HC Allahabad who has called fire in the company’s warehouse as God’s actions and releases his responsibilities.
The court said that the fire in this case was not caused by anything related to natural forces such as storms, floods, lightning or earthquakes and companies could not be given benefits under the ambites of God’s actions.
“There has been no case that the fire is the result of any damage by anyone.
The fire that began at around 12:55 on April 10, 2003, can be controlled only at 5am on April 11.
When all factors are relevant cumulatively cumulatively Calculated, we find it difficult to accept that fire and the losses produced have exceeded the control of the human body, “he said.