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1 - 10 of 29 (0.27 seconds)Article 8 in Constitution of India [Constitution]
Section 9 in The Indian Contract Act, 1872 [Entire Act]
Section 11 in The Indian Contract Act, 1872 [Entire Act]
Article 10 in Constitution of India [Constitution]
Section 20 in The Indian Contract Act, 1872 [Entire Act]
Section 56 in The Indian Contract Act, 1872 [Entire Act]
Energy Watchdog vs Central Electricity Regulatory ... on 11 April, 2017
63. It is the settled position in law that a Force Majeure clause is to be
interpreted narrowly and not broadly. Parties ought to be compelled to adhere
to contractual terms and conditions and excusing non-performance would be
only in exceptional situations. As observed in Energy Watchdog (supra) it is
not in the domain of Courts to absolve parties from performing their part of the
contract. It is also not the duty of Courts to provide a shelter for justifying non-
performance. There has to be a 'real reason' and a 'real justification' which the
O.M.P (I) (COMM.) No. 88/2020 Page 39 of 54
Court would consider in order to invoke a Force Majeure clause.
Standard Chartered Bank vs Heavy Engineering Corporation Ltd. on 18 December, 2019
78. The law relating to Bank Guarantees is extremely clear and has been
repeatedly settled by the Supreme Court including in Standard Chartered v.
Heavy Engineering Corporation Ltd &Ors. (supra). Relevant extracts from
the judgment are: