Concession Made By Lawyer On Mixed Question Of Fact And Law Cannot Preclude Client From Reagitating The Point In Appeal: SC [Read Judgment]

"Where a question is a mixed question of fact and law, a concession made by a lawyer or his authorised representative at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal.”

Update: 2019-02-26 04:58 GMT

The Supreme Court has observed that, a concession made by a lawyer or his authorised representative on a question is a mixed question of fact and law at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal. In Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola, the bench comprising Justice RF Nariman...

Your free access to Live Law has expired
Please Subscribe for unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments, Ad Free Version, Petition Copies, Judgement/Order Copies.

The Supreme Court has observed that, a concession made by a lawyer or his authorised representative on a question is a mixed question of fact and law at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal.

In Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola, the bench comprising Justice RF Nariman and Justice Vineet Saran were considering correctness of a labour court decision, which had, based only on a concession made before it, held that a direct relationship exists between the employer and the workmen.

It was argued that concessions on mixed questions of fact and law cannot decide cases as the evidence as a whole has to be weighed and inferences drawn therefrom.

The bench referring to 2002 judgment in Swami Krishnanand Govindananad v. Managing Director, Oswal Hosiery, observed that even a concession on facts disputed by a respondent in its written statement cannot bind the respondent. The court further referred to C.M. Arumugam v. S. Rajgopal, which had observed thus: "That question is a mixed question of law and fact and we do not think that a concession made by the first respondent on such a question at the stage of argument before the High Court, can preclude him from reagitating it in the appeal before this Court, when it formed the subject-matter of an issue before the High Court and full and complete evidence in regard to such issue was led by both parties………."

The bench, referring to above judgments, said:

"Equally, where a question is a mixed question of fact and law, a concession made by a lawyer or his authorised representative at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal."

The court then set aside the labour court and high court orders.

Read Judgment

Similar News