Supreme Court of India

State of U.P. v. Allied Constructions

Neutral citation
Reported as [2003] SUPP. 2 S.C.R. 55
Bench V.N. Khare, K.G. Balakrishnan and S.B. Sinha JJ.
Decided 31 July 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the appeal has no merit and must fail.

Judgment, page 4

From the headnote

Arbitration Act, 1940: Arbitration-Force majeure clause of agreement­ Contract between the parties for construction of a bridge-cum-fall-Work partly done by contractor destroyed by flood-Claim by contractor for loss sustained-Matter referred to arbitrator who made an award in favour of contractor-Plea of State Government to invoke force majeure clause of agreement rejected-Held, a perusal of relevant clause of the agreement shows that it protected the State from liability and damage occasioned by unprecedented flood which could not have been foreseen or avoided as a prudent person-No evidence

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