Fictional

Fiction

Fiction. Fictions are 'those things that have no real essence in their own body but are so accepted in law for a special purpose.' 'Fictio' in old Roman law was properly a term of pleading, and signified a false averment on the part of the plaintiff which the defendant was not allowed to traverse; e.g., an averment that the plaintiff was a Roman citizen, when in truth he was a foreigner, the object of these 'fictiones' being of course to give jurisdiction; see Maine's Anc. Law, ch. II.The English law has always abounded in fictions, and thre is a maxim that in fictione juris semper 'quitas existit. See, e.g., EJECTMENT; FINE; FRACTION OF A DAY; LATITAT; QUOMINUS; TROVER....

Legal fiction

Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...

fiction

fiction : legal fiction fic·tion·al adj ...

legal fiction

legal fiction : something asssumed in law to be fact irrespective of the truth or accuracy of that assumption [the legal fiction that a day has no fractions "Fields v. Fairbanks North Star Borough, 818 P.2d 658 (1991)"] ...

In fictione juris semper equitas existit

In fictione juris semper equitas existit [Lat.], equity is the life of a legal fiction....

Fiction

The act of feigning inventing or imagining as by a mere fiction of the mind...

Pertaining to or characterized by fiction fictitious romantic...

science fiction

A genre of fiction in which scientific and technological issues feature prominently especially including scenarios in which speculative but unproven scientific advances are accepted as fact and usually set at some time in the future or in some distant region of the universe...

Sci Fi

Science fiction a common shortened form for the name of the literaray genre See science fiction...

Deemed

Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it h...

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