counted for the purpose of continuous service. Thus by a deeming fiction under sub-section (1), period during which a workman is absent from service ... section (2) of Section 25B also incorporates a deeming fiction. As per sub-section (2) to Section 25B, if a workman has worked
Thus, the statutory fiction created under rule 98(4) is a
deeming fiction and the same must be given full effect in the given
circumstances ... another thing that without deeming fiction what would
be the effect of such employment.
35. It is also equally trite that when the things
that period, the Commissioner shall be deemed to
have allowed the objection. So, the deeming fiction of sub-section (9)
gets triggered only ... days, then, the application shall be
deemed to have been duly registered. It is obvious that the deeming
fiction is specifically provided
person to
be innocent till proved guilty. The concept of
deeming fiction is hardly applicable to the
criminal jurisprudence. In contradistinction to
this aspect ... shall be deemed to have caused her
death. In other words, the offence shall be deemed
to have been committed by fiction of law. Once
M/S Huawei Telecommunications (India) ... vs Assistant Commissioner Of Income Tax, ... on 30 March, 2026
only after the said two pre-conditions are fulfilled, that the
deeming fiction of the arbitration being in pursuance of an arbitration
agreement in terms ... MSMED Act leaves no manner of doubt that the deeming fiction will
not come into existence till conciliation has failed and the same has been
treated as a suit, a Court
cannot deem a revocation petition to be a suit. Deeming fictions, and
the creation of deeming fictions, are generally ... Finsbury Borough Council28 would apply and the Court would deem
all sequelae to the deeming fictions to also follow from the creation of
the fiction
which needs consideration of this Court
is as to whether the deeming fiction contemplated in Rule 114A of the
Rules would not become applicable ... requirement of
Rule 114A of the Rules, the deeming fiction envisaged in the said Rule
114A would be effective and the approval
that period, the Commissioner shall be deemed to
have allowed the objection. So, the deeming fiction of sub-section (9)
gets triggered only ... days, then, the application shall be
deemed to have been duly registered. It is obvious that the deeming
fiction is specifically provided
Kalia also sought to submit that every deeming fiction
should be limited to the purpose for which it is created, and cannot
expand beyond ... quarrel with this proposition.
Having said that, the expression when the deeming fiction is contained
in a definition clause, the obvious intent is to apply
