legal fiction (deemed)

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....on is that "a position which otherwise would not obtain is deemed to obtain under the circumstances." In K Prabhakaran v. P Jayarajan- 2005 (1) TMI 674 - SUPREME COURT, Chief Justice R C Lahoti, speaking for the majority, observed that: "39. […] While pressing into service a legal fiction it should not be forgotten that legal fictions are created only for some definite purpose and the f....

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.... having due regard to the purpose for which the legal fiction is created. The consequences that follow the creation of the legal fiction "have got to be worked out to their logical extent." The court has to assume all the facts and consequences that are incidental or inevitable corollaries to giving effect to the fiction. In Ashish Agarwal [2022 (5) TMI 240 - SUPREME COURT], this Court created a ....