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


In Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola, the Supreme Court was considering correctness of a labour court decision, which had, based only on a concession made before it by the advocate of the appellant on a mixed question of fact and law at the stage of arguments.

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 Supreme Court therefore concluded 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.

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