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2009 Supreme(Mad) 5240

N.KIRUBAKARAN
D. Govindasamy – Appellant
Versus
The District Collector, Perambalur District, Perambalur – Respondent


Advocates appeared:
For the Petitioner:Akhila for Mr. G.R. Swaminathan, Advocates.
For the Respondent:P. Gurunathan, Government Advocate.

Judgment

“ TAMIL ” "Rain or thunder shower or isolated rain would occur at many places— This is usual weather report issued by Meteorological Centre. Many times it was proved to be correct or otherwise also. We experience unexpected heavy rain fall which could not be forecast by Weather Centre. Expecting heavy rain as forecast by the center, schools, some times used to be closed. However that day would turn out to be a bright and clear sunny day. Therefore we cannot predict the events of nature. That is the reason why they are called "Acts of God".(natural events)

As per Whartons Law Lexicon "Act of God" mean, a direct, violent, sudden and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted.

As per R.F.v Henstone Salmond on the Law of Torts, 330 Edn. 1977 "Act of God" means, an overwhelming, un-preventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable and irresistible, the effects of which could not be prevented or avoided by the exercise of due care of foresight, Black Law Diction




























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