Manindra Nath Mukherjee v. Mathuradass Chaturbhuj

Fact:

The defendant was the proprietor of a motion picture exhibition establishment called Rupali cinema. On the roof of the building there were some posters and posters were displayed from the sky-sign and were held against the galvanized sheeting.  One day one of the banner fall causes injury to the plaintiff.

Issue:

Act of god will be applicable or not?

Judgment:

That accident wasn’t proved as major or act of God.

Reasoning:

In the town of Calcutta in the monsoon season stormy weather is not unusual and cannot be said to be unexpected that no human foresight could reasonably be expected to anticipate it.