Judgment Search Results Home > Cases Phrase: unavoidable casualty Page 1 of about 916 results (0.006 seconds)

Richardson Machinery Co. Vs. Scott

Court : US Supreme Court

..... the ground that the court had no jurisdiction of the defendant, and the petition is based also on nonjurisdictional grounds, such as that the judgment was obtained by fraud or that the party was prevented from defending by unavoidable casualty or misfortune, the filing of the petition operates as a voluntary general appearance, with the same effect as if such appearance had been made at the trial. p. ..... , which was binding upon it; and, then exercising jurisdiction, it held that relief could not be had under clause seventh of 810, because the corporation's lack of knowledge of the commencement of the action was not due to "unavoidable casualty or misfortune," but to its own failure to appoint an agent as required by the law of the state. ..... the statute, the secretary of state was required to give the defendant corporation notice of the service of the summons upon him; that he had failed to do so; that, since the corporation lacked actual knowledge, there was an "unavoidable casualty or misfortune, preventing the party . . . ..... for unavoidable casualty or misfortune, preventing the party from prosecuting or defending. .....

National Insurance Co. Ltd. Vs. Shiv Dutt Sharma

Court : Jammu and Kashmir

Reported in : 2004ACJ2049

..... and prudence cannot foresee or forestall, something that occurs after the exercise of a care that the law requires to be exercised to prevent the occurrence, an unavoidable casualty without any blame and without negligence in doing, permitting or omitting to do things that cause the casualty such an unexpected catastrophe as occurs without anyone being to blame for it, an unusual and unexpected event happening without negligence but in these definitions the word is ..... in dealing with occurrences of the first class the term has been defined as meaning a catastrophe occurring without any intervention of man an accident physically unavoidable an accident which is absolutely unavoidable because effected or influenced by the uncontrollable operations of nature any accident produced by any physical cause which is irresistible and in this connection courts have expressed the opinion ..... considering an accident as an occurrence to which human fault does not contribute the term 'accident' has been defined also as a casualty which could not be prevented by ordinary care and diligence as event happening unexpectedly and without fault as event resulting in damage or injury, proceeding from an unknown cause or from a ..... the word may also be employed as denoting a calamity, casualty, catastrophe, disaster an undesirable or unfortunate happening, any unexpected personal injury resulting from any unlooked for mishap or occurrence, any unpleasant or unfortunate occurrence that causes loss, injury, .....

Chadalavada Gopala Krishna Murthy Vs. Union of India and Another

Court : Andhra Pradesh

Reported in : 2000(1)ALD469; 2000(1)ALT125

..... the finding of the civil court that since there is no clause for damages in clause 17(2), the contractor is entitled to claim amount, is wholly unsustainable as clause 17(2) is applicable only if the work is delayed on account of some exceptionally unavoidable and unexpected casualties but if the delay is due to the failure on the part of the railways either in handing over the site, or in providing the necessary drawings to the contractor, then such cases are governed under clause 17(3) and the ..... clause 17(2) deal with extension of time in the event of delays due to any neglect on the part of the railways or due to any strikes, lock outs, fire, unusual delay in transportation, exceptionally inclement weather, unavoidable casualties or any causes beyond the contractor's control. .....

Bradley Vs. United States

Court : US Supreme Court

..... " "and it is hereby further provided that in case the premises, or any part thereof, during said term, or the renewal thereof, be destroyed or injured by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use, then the rent hereinbefore reserved, or a just and proportionable part thereof, according to the extent and nature of the injury sustained, shall be suspended or abated ..... up the said premises to the party of the first part at the determination of this lease, or at the end of any renewal of the term thereof, in good order and condition, reasonable wear and use thereof and injury by unavoidable fire or other casualty excepted. .....

Chicago, M. and St. P. Ry. Co. Vs. United States

Court : US Supreme Court

..... and where such failure is caused by unavoidable casualty, the postmaster general, in his discretion, may remit the fine. ..... the petitioner alleges that it transported the mails upon all the routes designated in accordance with the contracts except when prevented by the elements or other unavoidable disasters; that between the autumn of 1880 and the spring of 1883, owing to snow blockades, floods, and other unavoidable causes which it was impossible for the petitioner to provide against, it was prevented at various times from running its trains of cars over the routes, and consequently .....

Saritha Mittal Proprietrix, M/s. Vishnu Ispat Udyog Rep. by Power of A ...

Court : Chennai

..... these are unavoidable casualties in the magistrate courts. ..... in the midst of these casualties the court shall do justice to both. .....

Gracie Vs. Palmer

Court : US Supreme Court

..... and calcutta aforesaid, for his account, upon the entire delivery whereof the said intended voyage shall end and be determined (the dangers of the seas, restraints of princes and rulers, and all other unavoidable casualties always being excepted by these presents). ..... east india company, been followed out to its unavoidable consequences, it would seem that no doubt should have been expressed by them upon such a case. .....

United States Vs. Tingey

Court : US Supreme Court

..... 117 held responsible for any loss that may be sustained in the moneys or public property committed to the care of the within named lewis deblois as purser, by any capture, sinking or stranding, or other unavoidable casualty, or if, by any such circumstance or event, the said purser should be deprived of his books and papers, and be thereby rendered incapable of producing the necessary evidence or means of accounting for the public money or property with which he .....

Ellis Vs. Atlantic Mut. Ins. Co.

Court : US Supreme Court

..... prinsep, 10 east 378, 394: "the ship owners undertake that they will carry the goods to the place of destination unless prevented by the dangers of the seas or other unavoidable casualties, and the freighter undertakes that if the goods be delivered at the place of their destination, page 108 u. s. .....

Union of India (Uoi) Vs. Budhlani Engineering Pvt. Ltd.

Court : Kolkata

Reported in : 2008(3)CHN661

..... time in the progress of the works by any act or neglect of the railway's employees or by any other contractor employed by the railway under sub-clause (4) of clause 20 of these conditions, or by strikes, lock-outs, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the contractor's control, or by delay authorised by the engineer pending arbitration, or by any cause which the engineer shall decide to justify the delay, then the time of completion of the works may be extended .....