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Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that reliance on force majeure clauses to justify prolonged delays in possession is unacceptable and amounts to deficiency in service. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the developer, as possession of the …

Force Majeure Clause

Force Majeure

Evidence Needs to Be Provided To Cite Force Majure Clauses As Reason Of Delay: Delhi State Commission Holds Assotech Moonshine Liable For Deficiency

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and J.P. Agrawal, held Asootech Moonshine Developers liable for deficiency in service due to delay in handing over possession citing force Majure clause. Furthermore, it was held that the developer needs to provide substantiating evidence to show that Force Majeure conditions caused the delay. Additionally, it was highlighted that the …

Force

Tribal leaders in southern Libya shut down the county’s largest oil field, authorities said on Monday, amid a bitter standoff between two rival governments. Oil production at the Sharara field has been stopped and the state-run National Oil Corp. declared force majeure at the field, which produces around 450,000 barrels a day. Over the weekend, tribal leaders and protesters shut …

Force Majeure review: Rory Kinnear is a man out for himself in an uneven adaptation of a Swedish triumph

Ecuador declares force majeure on all oil contracts

The clause is invoked to remove liability from failing to uphold contracts in the event of disasters. Ecuador declared force majeure on all oil contracts, including exports and imports, as the threat of soil erosion forced the shutdown of the country’s two pipelines that transport crude across the Andes. The clause, which is invoked to remove liability from failing to …

Mohan Guruswamy | Force majeure' can't be fig leaf for naked greed

The second wave of the Covid-19 pandemic is here, across most of the country. Last year, early in the first lockdown in April 2020, a major financial daily had reported that several large retail chains in India, such as Reliance, the Future Group, McDonald’s, Domino’s Pizza and others were trying to use the omnipresent “force majeure” clause in all agreements …

State energy firm said on Saturday it would start operations at ports and fields, but force majeure applies to some ops. Production in Libya, home to Africa’s largest oil reserves, plummeted to less than 100,000 barrels a day in January from 1.2 million after Khalifa Haftar, a Russian-backed commander who controls the country’s east, blockaded energy infrastructure. Analysts at Bloomberg …

Delhi HC Directs Status Quo By NHAI As Regards Toll Contractors' Bank Guarantees, Other Securities Pending Force Majeure Claims Amid COVID-19 [Read Order]

On May 29, Delhi High Court vacated its earlier stay order on Bank Guarantee encashment and held that COVID – 19, a force majeure event, does not excuse contractor's non-performance of a contract "for which the deadlines were much before the outbreak itself". It then proceeded to hold that: Not every breach or non-performance can be justified or excused merely …

COVID-19 A Force Majeure Event; But Not An Excuse For Breach Of Deadlines Before Pandemic Outbreak : Delhi HC [Read Order]

The Delhi High Court on Friday rejected Halliburton's plea to restrain Vedanta Limited from invoking the bank guarantees on the ground of Force Majeure clause invoked due to the COVID19 pandemic.TThe single bench of Justice Prathiba M Singh was considering an application filed by Halliburton under Section 9 of the Arbitration and Conciliation Act, 1996, seeking to restrain the invocation …