A request when accepted constitutes an agreement but Section 70 of the Act docs not postulate any agreement between the parties. A request may be made by a wholly unauthorised person or such request may be wholly invalid in law and yet it does not lie in the mouth of a defendant to say that he is not liable to pay compensation under Section 70 of the Act in the absence of a request where he has received the benefit of the work lawfully done by the plaintiff not intending to do so gratuitously. Hence, there is no merits in the contention of Mr. Dhar.
Print Page
Calcutta High Court
Union Of India (Uoi) vs Kamal Kumar Goswami And Ors. on 22 May, 1973
Equivalent citations: AIR 1974 Cal 231, 78 CWN 154
Bench: B Mitra, S Deb
