{"id":582,"date":"2020-04-23T10:30:02","date_gmt":"2020-04-23T10:30:02","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=582"},"modified":"2021-01-07T04:20:40","modified_gmt":"2021-01-07T04:20:40","slug":"admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/","title":{"rendered":"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal"},"content":{"rendered":"\n<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 6th February 2020<\/p>\n\n\n\n<p><em>Om Prakash V\/s. Suresh Kumar CIVIL APPEAL NOS. 833\u00ad834 OF 2020<\/em><\/p>\n\n\n\n<p><strong>FACTS OF THE CASE<\/strong><\/p>\n\n\n\n<ol><li>The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh (for short, \u201cthe suit premises\u201d), had inducted the father of the respondent as its monthly tenant in the year 1969 to use it for non-residential purpose and the respondent was in occupation thereof when the appellant filed eviction proceedings before the Rent Controller for possession. The respondent, at the relevant time, was carrying on business as cloth merchant in the suit premises.<\/li><li>During the hearing of the said petition, the learned counsel for the respondent tenant had urged before the High Court that the tenant was ready and willing to handover possession of the suit premises subject to the landlord (present appellant) agreeing to reinduct him as tenant in equivalent area occupied by him in the suit building. In response to the said submission, the learned counsel appearing for the present appellant, unequivocally, stated before the High Court that the appellant was not averse to the offer so made by the tenant.<\/li><li>The appellant changed his Advocate and then filed review petition before the High Court being Review Petition No. 65\/2016, asserting that he had never instructed his counsel to make such statement before the Court regarding re\u00adinduction of the respondent tenant in the newly constructed shops. The said review petition came to be dismissed vide order dated 24.8.2016. Consequently, both these decisions (dated 12.5.2016 and 24.8.2016) passed by the High Court are subject matter of challenge in the present appeals.<\/li><\/ol>\n\n\n\n<p><strong>ISSUES RAISED<\/strong><\/p>\n\n\n\n<ol><li>whether the appellant should be bound by the statement made by his counsel before the High Court that the respondent tenant will be reinducted in equal area in the newly constructed building within one month i.e. on or before 30.11.2017 from the date of completion of the construction work i.e. 31.10.2017?&nbsp;<\/li><\/ol>\n\n\n\n<p><strong>RULING OF THE COURT\/THE COURT HELD THAT<\/strong><\/p>\n\n\n\n<p>While directing the arrangement that would result in compliance of the statement made on behalf of the appellant (through counsel) before the High Court and which was made the basis to dispose of the respondent\u2019s revision petition and at the same time, minimise the loss of area to be made over to the respondent tenant and optimize the utility of the premises to be used by him for non-residential purpose after re\u00adinduction and also adequately compensate him for the loss of area. Apart from the same, the following observations were made by the Hon\u2019ble Court:&nbsp;<\/p>\n\n\n\n<ol><li>\u201cThe engagement was in respect of eviction proceedings and the statement was in relation to the commitment of the appellant qua the subject matter thereof and being an unequivocal statement, it will be binding on the appellant.\u201d&nbsp;<\/li><li>\u201cGenerally, admissions of fact made by a counsel are binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by his principal to make such admissions A lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed. We may add that in some cases, lawyers can make decisions without consulting the client. While in others, the decision is reserved for the client. It is often said that the lawyer can make decisions as to tactics without consulting the client, while the client has a right to make decisions that can affect his rights.\u201d<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 6th February 2020 Om Prakash V\/s. Suresh Kumar CIVIL APPEAL NOS. 833\u00ad834 OF 2020 FACTS OF THE CASE The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, [&hellip;]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 6th February 2020 Om Prakash V\/s. Suresh Kumar CIVIL APPEAL NOS. 833\u00ad834 OF 2020 FACTS OF THE CASE The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:30:02+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T04:20:40+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"560\" \/>\n\t<meta property=\"og:image:height\" content=\"315\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal\",\"datePublished\":\"2020-04-23T10:30:02+00:00\",\"dateModified\":\"2021-01-07T04:20:40+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\"},\"wordCount\":665,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/\",\"name\":\"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/","og_locale":"en_US","og_type":"article","og_title":"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 6th February 2020 Om Prakash V\/s. Suresh Kumar CIVIL APPEAL NOS. 833\u00ad834 OF 2020 FACTS OF THE CASE The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, [&hellip;]","og_url":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:30:02+00:00","article_modified_time":"2021-01-07T04:20:40+00:00","og_image":[{"width":560,"height":315,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1","type":"image\/png"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal","datePublished":"2020-04-23T10:30:02+00:00","dateModified":"2021-01-07T04:20:40+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/"},"wordCount":665,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/","url":"https:\/\/lexforti.com\/legal-news\/admissions-of-fact-made-by-a-counsel-are-binding-upon-their-principals-or-clients-as-long-as-they-are-unequivocal\/","name":"Admissions of fact made by a counsel are binding upon their principals or clients, as long as they are unequivocal - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":159,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/582"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=582"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/582\/revisions"}],"predecessor-version":[{"id":6952,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/582\/revisions\/6952"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}