Concession By Lawyer On Mixed Questions Of Law And Fact Cannot Bind Party : SC [Read Order]

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12 Jun 2019 3:12 PM IST

  • Concession By Lawyer On Mixed Questions Of Law And Fact Cannot Bind Party : SC [Read Order]

    "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 Supreme Court has observed that concessions made by a lawyer on mixed questions of fact and law cannot bind the party. The bench of Justices R F Nariman and Vineet Saran was deciding an appeal filed by Bharat Heavy Electronics Ltd against the judgment of High Court refusing to quash a Labour Court's award, which had directed reinstatement of certain retrenched employees.BHEL's contention...

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