https://www.taxtmi.com/caselaws?id=192741 A claim under section 70 of the Indian Contract Act requires pleading and proof of three essentials: lawful doing of the act or lawful delivery of goods, absence of gratuitous intention, and enjoyment of the benefit by the recipient. A plaint that omits the lawful delivery and benefit elements is deficient, though such defect may not justify non-suiting a party at the appellate stage where the matter has already been tried on that footing. On the facts found, the appellant accepted and retained the goods, so the matter was not one of rejected goods or non-acceptance under an enforceable contract. Compensation under section 70 was therefore payable, and the decree in favour of the respondent was maintained. en-us Thu, 28 Oct 1976 00:00:00 +0530 Fri, 16 Jun 2017 11:19:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192741 A claim under section 70 of the Indian Contract Act requires pleading and proof of three essentials: lawful doing of the act or lawful delivery of goods, absence of gratuitous intention, and enjoyment of the benefit by the recipient. A plaint that omits the lawful delivery and benefit elements is deficient, though such defect may not justify non-suiting a party at the appellate stage where the matter has already been tried on that footing. On the facts found, the appellant accepted and retained the goods, so the matter was not one of rejected goods or non-acceptance under an enforceable contract. Compensation under section 70 was therefore payable, and the decree in favour of the respondent was maintained. Case-Laws Indian Laws Thu, 28 Oct 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192741