5 years, 9 months ago

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

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. 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. Considering BHEL's appeal against this, the SC bench observed 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".

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