Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
Expression 'as if' - Indian Laws - GeneralExtract Expression as if The expression as if , is used to make one applicable in respect of the other. The words as if create a legal fiction. By it, when a person is deemed to be something, the only meaning possible is that, while in reality he is not that something, but for the purposes of the Act of legislature he is required to be treated that something, and not otherwise. It is a well settled rule of interpretation that, in construing the scope of a legal fiction, it would be proper and even necessary, to assume all those facts on the basis of which alone, such fiction can operate. The words as if , in fact show the distinction between two things and, such words must be used only for a limited purpose. They further show that a legal fiction must be limited to the purpose for which it was created. THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT - 2013 (2) TMI 870 - SUPREME COURT
|