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Concession Made By Lawyer On Mixed Question Of Fact And Law Cannot Preclude Client From Reagitating The Point In Appeal


Where a question is a mixed question of reality and law, a concession made by way of a attorney or his accepted consultant on the degree of arguments can’t forestall the party for whom such character seems from re-agitating the factor in enchantment.” The Supreme Court has located that, a concession made by means of a lawyer or his accepted consultant on a question is a combined question of reality and regulation on the stage of arguments cannot avoid the celebration for whom such man or woman appears from re-agitating the point in attraction.

In Bharat Heavy Electricals Ltd. Vs. Mahendra Prasad Jakhmola, the bench comprising Justice RF Nariman and Justice Vineet Saran have been thinking about correctness of a labour courtroom choice, which had, primarily based handiest on a concession made before it, held that a right away relationship exists among the enterprise and the workmen.

It was argued that concessions on combined questions of reality and law cannot determine cases because the evidence as a whole needs to be weighed and inferences drawn therefrom. The bench regarding 2002 judgment in Swami Krishnanand Govindananad v. Managing Director, Oswal Hosiery, determined that even a concession on facts disputed by a respondent in its written assertion cannot bind the respondent. The courtroom in addition cited C.M. Arumugam v. S. Rajgopal, which had found for that reason:

“That question is a blended question of regulation and fact and we do no longer assume that a concession made by means of the first respondent on such a query on the stage of argument before the High Court, can prevent him from reagitating it within the appeal before this Court, while it formed the subject-depend of an trouble before the High Court and full and whole proof in regard to such trouble was led with the aid of both parties