deemed to have been admitted as a member
of the society.
16. It would be contextually relevant to note that the deeming
fiction of admission ... membership of a person being foisted on such
society by the deeming fiction.
17. In the latter part of sub-section (2) of Section
followed the procedure
under Section 52A of the NDPS Act, the deeming fiction
of photographs, samples etc., being treated as primary
evidence as provided under ... destroying or disposing off the goods and then relying
on the deeming fiction contained in Sub-section (4) of
Section 52A of the NDPS
followed the procedure
under Section 52A of the NDPS Act, the deeming fiction
of photographs, samples etc., being treated as primary
evidence as provided under ... destroying or disposing off the goods and then relying
on the deeming fiction contained in Sub-section (4) of
Section 52A of the NDPS
followed the procedure
under Section 52A of the NDPS Act, the deeming fiction
of photographs, samples etc., being treated as primary
evidence as provided under ... destroying or disposing off the goods and then relying
on the deeming fiction contained in Sub-section (4) of
Section 52A of the NDPS
presumption of innocence in
his favour. The concept of deeming fiction is hardly applicable to criminal
jurisprudence but in contradistinction to this aspect of criminal ... legislature applied the concept of deeming fiction to the provisions of
Section 304B.
l) Such deeming fiction resulting in a presumption is, however, a rebuttable
followed the procedure under Section 52A of the NDPS Act,
the deeming fiction of photographs, samples etc., being treated as
primary evidence as provided under ... destroying or disposing off the goods and then relying on the
deeming fiction contained in Sub-section (4) of Section 52A of the
NDPS
followed the
procedure under Section 52A of the NDPS Act,
the deeming fiction of photographs, samples etc.,
being treated as primary evidence as provided ... destroying or
disposing off the goods and then relying on the
deeming fiction contained in Sub-section (4) of
Section 52A of the NDPS
transfer of property is deemed to have been effected by fraud, coercion or
undue influence.
20. Evidently, the deeming fiction of law is created where ... needs of the
transferor. If these two conditions are satisfied, the deeming fiction operates
i.e. the transfer of the property by the senior citizen
followed the procedure under Section 52A of the NDPS Act, the deeming
fiction of photographs, samples etc., being treated as primary evidence as
provided under ... destroying or disposing off the goods and then relying on the deeming fiction
contained in Sub-section (4) of Section 52A of the NDPS
Bombay Wire Ropes Limited And Anr vs State Of Maharashtra And Ors on 13 February
