Supreme Court of India · 1961-12-05
STATE OF WEST BENGAL vs M/S. B. K. MONDAL AND SONS
- Citation / case number
- SC 1958/160
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- M/S. B. K. MONDAL AND SONS
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that Section 70 of the Indian Contract Act, 1872 applies when a person lawfully does something for another without intending to do so gratuitously, and the other person enjoys the benefit. The Court affirmed that even in the absence of a valid contract under Section 175(3) of the Government of India Act, 1935, the respondent was entitled to compensation for additional construction work done at the request of government officers. The appeal by the State was dismissed, upholding the lower courts' decisions.