 subtle difference between the legal fiction and legal presumptions because a lot of people feel that legal fiction and legal presumptions are paramateria the same but there's a difference between them and since as we all say that certain aspects we are all from the common law, a lot of sessions and all laws journeys have started from the common common laws as such and as usual with Mr. Shankar, Mr. Mukant and a lot of resource persons who are very popular and who were shared by Adilashmi Nagamuti under the ages of the legal elite we thought why not bring Mr. Shankar. I was sharing with him that he had been down with COVID but the positivity of sharing the knowledge is what we all like and not the positivity in the COVID this that's the entire this thing. Since we are already running behind the schedule I will request Adilashmi ma'am to share the insights and then we will talk on the legal fictions through Mr. Shankar Murli he has promised to share the notes we will share it on the whatsapp and the telegram groups. Over to you ma'am. Thank you so much because beyond la CLC and legal legal select is uniting after a very long time thanks to Shankar Murli sir for taking a very nice topic legal fiction today. Sir was very famous down south previously after this COVID-19 online platform he's been taking almost through the length and breadth of India the Kerala bar council where he takes sessions are excellently good and beyond la CLC and many other platform he's a regular with the judicial academies down south in Tamil Nadu where he trains the honorable judicial officers there and also he's training the aspirants of law and he does not take even a penny to train all the people he has been training so many people and legal legal select is so proud and privileged having him on our platform on this note I welcome our most respected and beloved Shankar Murli sir and his team and he is a lovely team of juniors who are assisting us I welcome every one of them and Haritha and Vakshi in particular another juniors and I welcome Shankar Murli sir eternal time on the beyond la CLC along with legal legal select platforms welcome sir. Good evening to all first of all I would like to share my thoughts why this particular topic legal fiction is selected by me because I am not aware of the proper perspective of legal perspective in my earlier time of practice I filed a suit for specific performance and the defendant filed an application to reject my flight on the ground of limitation then that application was allowed section 2 to CPC defines degree but it does not define deemed degree it says order rejecting a client is also yet it deemed to be a degree at that time I am not aware of the exact meaning of the deemed what it means what it conveys why it is considered to be degree why it shall be deemed to be a degree so I filed an appeal because order rejecting a client is a degree so regular appeal alone will lie I have filed the appeal what I did I have fixed the code fee of only rupees 5000 because I have filed the code fee of rupees 30,000 on my client because the sale price is 10 lakhs then in the appeal I have filed only five rupees as code fees the registry has returned to my client stating that under section 52 of the Tamil Nadu code fees and suit valuation act the proper code fee on the appeal shall be the same as I fixed it before the trial code then I said sir my suppose my appeal is allowed I am not going to get my main delivery for specific performance the upload code will not grant a degree for specific performance in my favor at the best it will satisfy the order passed by the trial code that is order rejecting my client all of them will be satisfied so my opponent has filed only five rupees on the application to reject the client so the proper code fee would be rupees five but it was not accepted then I asked the registry to post the matter before the regular code then I argued the judge is not convinced no no no once CPC says order rejecting a client is a degree as against the degree you have to file an appeal accordingly you are filed with appeal the payment of code fee on the appeal is as that of the payment of code fees filed on the client you pay 30 rupees otherwise I will reject your appeal so at the time I am not totally unaware of the rule of legal fiction though I was able to find out this would be the proper code fee would be five rupees and not thirty thousand since lack of knowledge about the legal fiction I was forced to pay thirty thousand rupees thereafter I did some homework later I came to know that this is the legal fiction once a legal fiction is created the code to bound and duty is to ascertain the purpose for which the legal fiction is created the code cannot extend the legal fiction beyond the purpose for which it was so I so that that is the one reason for selecting this topic legal fiction and another one recently you might have come across the supreme court decision that the award passed by the Lokadhalet are not quotes award passed by the Lokadhalet are not valid this headnote was widely spread through the social media and I was also self shocked and astonished how it could be the what is the purpose of enacting legal service is authorities act if the award is passed by the legal service authorities act if it is not valid vessel we go then I read over the completely the judgment of the supreme court it is on different point though legal fiction was not brought to the knowledge of the supreme court in that case the earlier decision of the high court as applied to the rule of legal fiction and came to a conclusion legal fiction created in one act cannot be extended to another act I am going to explain it in detail so these are all the circumstances which forced me to select this topic legal question unless the practicing advocate are not aware of the rule of legal fiction and its interpretation we will lose our case to know better about the rule of legal fiction and its interpretation you must be very thorough in the interpret the principles of interpretation of statues and general classes so so the burning topic recently the supreme court a last man that is on 3rd December of February 2022 held loka Dalek or not quotes its award will is invalid how we will analyze and discuss now let me start my lecture legal fiction there are two kinds one is statutory legal fiction statutory fiction another one is non statutory legal fiction definition literal meaning of the word definition means it describes events and the people that are not real legal fiction definition we cannot find the definition of legal fiction anywhere in the any statue but the interpretation of statues jurisprudence general classes and the umpteen number of decision of our supreme court made an attempt to define what is legal fiction and how it could be interpreted in interpreted and to what extent now let us see one by one legal fiction it is a rule it is a rule assuming the existence of something that is non existence it is a rule assuming as true something that is clearly false the word as if wherever you see the word as if then it creates a legal fiction in almost in all physical enactments namely the income tax act sales tax act gst and the other tax statues you can see the areas of tax due and variable to the department shall be treated as if it were a land revenue as if it were a land revenue why this word is used as if whenever the word as if is used it creates a legal fiction it is not a land revenue due and payable to the government but the purpose of collecting the land revenue revenue revenue recovery act is that only under the revenue recovery act the tazildar is afforded to collect the areas of tax due and payable to the government either by attaching the property of the defaulter or in some other but in all taxing statues the word as if it were a land revenue in the sense only for the purpose of collecting the tax due under the particular physical enactment it must be deemed to be a land revenue as if in the sense a deemed to be a land revenue but it is not a land revenue in true sense but for the purpose of collecting the same it is the intent of the legislature it is the intention of the legislature to consider to deem it as a land revenue so the word as if creates a legal fiction the word as if in fact shows the distinction between two things and such a word must be used only for a limited purpose it must be used only for a limited purpose the legislature is quite competent to create a legal fiction in other words to enact a deeming provision for the but the purpose of assuming the existence of a fact which does not really exist yet deeming provision will be made by in a particular statue by the legislature the legislature is the competent authority it's quite competent to create a legal fiction by introducing a deeming provision what it means why the deeming provision is mentioned the word deemed is usually used to enact a legal fiction so whenever the word as if it creates a legal fiction deeming provision is there there is a legal fiction when a thing is to be deemed something else it is to be treated as that something else with the attendant consequences but it is not that something the word deemed in a great deal is used in the modern legislation sometimes it is used to give you a comprehensive description that includes what is obvious what is uncertain and what is in the ordinary sense impossible sometimes it is used to impose for the purpose of a statue to give an artificial construction of the word of a word or phrase that would not otherwise provide sometimes it is used to put beyond out a particular construction that might otherwise be uncertain deemed as using the statue to the definition to extend the denotion of the defined term to things it would not in ordinary parlance denote it is often a convenient device for reducing the lbh of an enactment but that does not mean that wherever it is used it has that effect to deem means simply to judge or reach a conclusion about something and the word deemed and deemed used in your statue the simply state the effect or meaning which some matter or thing has a way in which it is to be adjudged this need not import artificially or fiction it may simply be the statement of an undisputable conclusion deemed deems means is of opinion or considers or decide and there is no implication of steps to be formed before the opinion is formed or decision is taken of course as in the opening because this head whether legal fiction is equal is on par with the legal presumption legal presumption is something different from legal fiction under the Indian evidence act there are certain things certain circumstances under which the court may presume the existence of certain facts the court shall presume the existence of the second fact and there must be a conclusive proof of conclusive presumption you are all well aware regarding the legitimacy of birth of a child born within 240 days from the date of marriage the father is deemed to be the father of the child that is a conclusive proof presumption i think under section 112 of the Indian evidence act but in recently the supreme court held no doubt the child was born within 240 days from the date of marriage so as per the evidence act the he must be considered as the father but he has pleaded that he has no access to his wife he was away from the wife immediately one day after one day from the date of marriage so even the conclusive presumption can also be said can also be stated even the word shall presume it is also reputable presumption but legal fiction is something different once a legal fiction is created it's a bound and duty of the court to apply the same it cannot interpret the legal fiction to suit the convenience of the facts of each and every case but at the same time legal fiction created in a particular statute cannot be extended to another statute that is interpretation so legal prism legal fiction it may be conclusive or reputable presumption but depending upon the facts and facts of each and every case so once the legal fiction is enacted created in a particular statute the duty is to ascertain the purpose for which it is created it would be proper and even necessary to assume all those facts on the basis of which alone such a fiction cannot operate when a statue says that you must be imagining a certain state of affairs it does not say that having done so you must cause or permit your imagination to boggle when it comes in comes to the inevitable corollaries of the state of affairs when law says a is deemed to be b b is deemed to be c then what about c c is deemed to be a c is deemed to be a then how to interpret the legal fiction it's a later art we cannot interpret according to our whims and fancies in order to interpret a particular statute there are certain guidelines there are rules one rule is grammatical rule of interpretation word by word word by word you just interpret according to the grammatical results another one is golden rule of interpretation golden rule of interpretation means it's a duty of the court to find out the the spirit of the language used at the particular statute to find out its true meaning the court must visualize what was transpired at the time of the enacting the law by the legislature what is the object what is the reason the object and the reasoning of bringing this act and the background if it is a beneficial legislation courts shall not interpret the word or the particular section in the statute which is quite detrimental to the main object of the act that is a golden rule of interpretation another one is head and rule of interpretation or otherwise known as mischief rule of interpretation there cannot be any purpose of interpretation to defeat the very object of the act so once a legal fiction is created it is a duty of the court to see the purpose for which the legal fiction is created why it is created whether it has been given any retrospective or whether a legal fiction created in a particular statute can be extended to another statute for example state law borrowed certain provisions from the central act central act then in the concurrent field the stacked act will not have the effect of widening the definition of the central act a famous i will i i would like to give my one illustration central act civil procedure court under section under order 14 rule 2 of cpc a pure cuisine of law alone can be framed as a issue that pure cuisine of law must be relating to the jurisdiction or bar created by a statute the advocates are often confused often confused whenever any suit is filed when a particular statute says the court has no jurisdiction say for example if any suit is filed challenging the notice issued under section 13 4 of the surface act then the ban will immediately by an application order order 7 rule 11 of cpc to reject the print on the ground with this court has no jurisdiction that would not be the proper procedure order 7 rule 11 cannot be invoked for the purpose that the court lacks jurisdiction to entertain the suit then where we go under all the procedure to be followed when the court lacks jurisdiction inherently when there is a total lack of competency of the court to direct into the suit the only remedy open to the party agree used to file an application under order 14 rule 2 requesting the court to frame a preliminary issue whether this court has got jurisdiction to decide the dispute decide the dispute order order 7 rule 11 from the government in the plight if it appears that it is barred by a statute then it is a ground to reject the plight but say for example if you want to file a suit against the government you must give a two-month notice that is mandatory under section say 80 if no two-month notice clear two-month notice is not given if any suit is filed without serving notice two-month notice then then the plight will certainly include the allegation whether notice is given or not when no notice is given you may not allege that the notice is given so when the notice is not given no suits are like under section 80 so the government defendant may file an application that the suit is not maintainable because no two-month notice is given that is a ground to reject the plight please keep it in mind if the plight is rejected on any of the ground under order 7 rule 11 it may be for deficit court fees improper valuation of the suit and the want of cause of action something like that it does not preclude the plight from filing a suit for a suit on the very same cause of action under order 7 rule 30 so the bar created under order 7 rule 7 11 means a key to enter into the lawsuit but once the court lacks jurisdiction inherently you cannot file an application under order 7 rule 11 you have to file an application only under order 14 rule 2 with a request to frame the preliminary issue whether this court has got jurisdiction or not so that can be done but Tamil Nadu court fees and suit valuation act section 12 says when the plight is improperly valued our insufficient court fee is suffixed the defendant may file an application under order 12 under section 12 subclass 2 requesting the court to frame a preliminary issue whether suit is properly valued or proper court fee is paid now there is a conflict between the two acts one is central act and another one is state act which act will prevail which act will prevail now under article 254 of constitution of India when there is a conflict between the state act and the central act the central act alone will prevail to the extent of redundancy or inconsistency but whenever the state act is assented by the president of India then it is otherwise known as a special enactment and it will prevail over the central act generally are specially best and not there again a special statute can override the general so without knowing the principles of legal fiction it is not possible for us to proceed a case so conflict inconsistency, redundancy so we must be thorough in all the subjects not only in constitution general classes act principles of interpretation of statues so it must be remembered that what can be deemed to exist under a legal fiction are facts and not legal consequence which do not follow from the law as it stands legal fiction created in an act cannot be widened by rules once act creates a legal fiction it cannot be widened by the rules framed under the particular act now one of the classic example of legal fiction created in civil procedure code let us see section 2 subclass 2 of cpc defines what is degree as per this definition degree adjudicates and conclusively determines the rights of the parties with regard to all or any of the matters in controversy therefore a degree must satisfy the following test number one that must be an adjudication such adjudication must have been given in suits it must be determined the rights of the parties with regard to all or any of the matters in controversy such a determination must be of a conclusive nature that must be a formal expression of such adjudication so there must be a formal adjudication of expression of the code which conclusively determines the rights of the parties with regard to all the controversies involved between the parties then the degree may be preliminary final or both preliminary and final in a suit for partition the first order passed by the code is the preliminary degree it determines whether the plaintive is having any share how much share he is entitled one by three or one by four one by six so it determines the rights of the co-sharers preliminary degree and the preliminary degree the court will direct the defendant to divide the properties as per the preliminary degree and allot the particular share in power of the property if the preliminary degree orders are not complied with and the plaintive may find an application under order 26 rule 13 to pass a final degree to pass a final degree so suit for partition both preliminary and final degree will be passed suit on mortgage both preliminary and final degree will be passed administrative suit both preliminary and final degree will be passed suit for dissolution of firm and for addition of account preliminary degree and final degree will be passed so these are all some examples in which preliminary and final degree can be passed is there any degree is there any suit in which the degree is both preliminary and final only one suit if you suit for possession and for recovery of possession is fine the suit is decreed so far as the degree relates to the recovery of possession is concerned it is final so far as the degree relates to mean profit mean profit will also be awarded but the court will pass an order then the quantum of mean profit will be a will be be relegated under order 20 rule 12 of CPC then it is preliminary so this is the one suit in which the degree is reflecting both preliminary and final if any compromise degree is passed in your suit for partition allotting the share and dividing the property and causing delivery of the same then it will also be a both preliminary and final now the definition does not end there it went on saying an order rejecting the client is deemed to be a degree order rejecting the client is deemed to be a degree what is the basic distinction between order degree and order degree is formal expression of an adjudication order formal expression of a decision that is a definition so degree can only be passed after framing issues after conducting trial after hearing the argument degree will be passed suppose any order is passed in an interlock application whether that order can be construed as a degree CPC says order rejecting the client is a degree is deemed to be a degree the word applied is deemed to be a degree here a legal fiction is created legal fiction is created to the extent that even order rejecting the client is passed then it shall be deemed to be a degree all right there are certain other provisions under the CPC itself if any suppose you have an application to reject the plane if it is allowed allowed in the sense client is rejected then it is a degree application filed to reject the client is dismissed then it is not a degree it is not a degree order rejecting the client is a degree order dismissing the patient filed to reject the client is not a degree you must know the sharp distinction then what is the remedy available to the parties agree with in both the cases in the farmer if the client is rejected the remedy open to the agree with the plaintiff is to file an appeal under section 96 in the letter in the application filed to reject the plaintiff dismissed the remedy open to the defendant is to file a civil revision petition under article 227 of the constitution of India because it is not an appealable order so what are all the appealable order under section under the CPC order 43 order 43 illustrates what are all the orders which orders are appealable so when the order is not an appealable one the only remedy is to invoke article 227 likewise if any order is passed under section 144 of CPC it shall be deemed to be a degree 144 overall bill of a constitution of the property suit property suppose you filed a suit for recovery of possession suit was decreed then the defendant has to file an appeal but he was unable to get an order of stay of the execution of the lower court degree then immediately he will leave the degree in execution and proceed with the execution proceedings after the appearance of the defendant there it is the accustomed practice of the executing court to ask the respondent have you obtained stay no stay okay call the case next month and to produce stay order otherwise the matter will be proceeded order 41 is very clear mere dependence of appeal does not amount to stay the execution of the unless the lower court degree is stayed it is always open to the executing court to proceed with the case so appeal is filed no stay then EP will be proceeded suppose in the EP delivery is ordered delivery was taken later the appeal was here appeal is allowed appeal is allowed in the sense you need not deliver the vacant possession of the property suit property to the plaintiff but as per the order of the executing court he has taken delivery the property can you be compelled to file a suit for recovery of possession against the plaintiff not so you have to file an application under section 144 not before the appellate court before the court of first instance you got to file an application before the court of first instance strike code under section 144 I have the plaintiff has filed a suit for recovery of possession suit was degree as against the degree I prepared an appeal but I am unfortunately I was not able to get the state that was taken and you advantage by the plaintiff and he has taken delivery of the property from the executing court later my appeal was here and on merits my appeal in the sense I need not deliver the vacant physical property but it was delivered to the plaintiff as per the order of the executing court now I am entitled to restore my possession that is the restitution application if the application is dismissed then it is deemed to be a degree your application is allowed then it is deemed to be a degree the only remedy open to the agree with the party is to file an appeal under section 96 of CTC then any order passed under order 21 rule 58 for as if it were a degree the word used is as if as I said earlier whenever the word use as if deemed to be then it creates a legal fiction so order 21 rule 58 subclass for it is otherwise known as climb application climb petition when the judgment that our property is attached by the executing court the person having title over the same cake and suppose possession is taken during the penance of the if the suit is for recovery of possession if possession is taken illegally the only remedy you have to file an suit under section six of the specific in fact summary manner you can recover then your property is illegally by mistaking wrongly attached by the executing court under the case that it belongs to the judgment at all you can produce a document stating that this is my property it has been unnecessarily attached it is not the property of the judgment at all and judgment at all brother may say this is the property allotted in my favor in the partition that my brother has not been given any share in that property but that property my property which fell to my share was attached you can make your claim so any person interesting in having interest over the property attached can file an application under order 21 rule 58 if it is proved that the third party client petitioner is having title over the property in the judgment that has no saleable interest in the property definitely this the executing court will allow your application and order the judge degree golden to attach the property of the judgment at all so the attachment will be raised if it is found that the client petitioner's claim is bogus then that application will be discussed so whether it is applying petition is dismissed or allowed as if it were a degree so legal fiction is created then you have to file an appeal under section 96 then order 21 rule 46 b 46 c 46 e these are relating to garnishing if any is passed under order 21 rule 46 b 46 e 46 e it shall be deemed to be a degree under order 21 rule 46 catch resistance if any order is passed under 21 rule 97 resistance or obstruction or under order 29 rule 99 or order 20 21 rule 101 all shall be treated as deemed to be a degree under order 21 rule 103 of CPC then two more act also create legal fiction one is under section 57 subclass 2 to small d of transfer of property act discharge of encumbrance or sale suppose property is auctioned by the court subject to some encumbrances the auction purchaser may approach the competent district court to raise the encumbrances may pay the amount district court alone is the competent both to pass such an order under section 57 plus 2 d of the transfer of property if any order is passed then it shall be given to be a degree likewise under the partition act if any order is passed under section 3 4 2 3 4 then all the orders will be deemed to be a degree under section 8 of the partition act now can you state the stage at which the provisions of partition act can be partition act can only be invoked at the moment only at the time of final degree application only when the advocate commissioner appointed by the court files this report that the property is not capable of division the property cannot be divided by means and then only the provisions of the partition act containing only 10 sections will apply whether the person is having mighty of the share he can compel the court by directing the other party to sell his share on paying the overtime when the two course sharers are voting the very same highest price then the property will be sold in public auction so any order passed under section 2 3 and 4 of the partition shall be deemed to be a degree under section 8 of the partition act so these are all some extensives legal fiction is created in cpc now coming to the first illustration which i have which i had a bitter experience suppose you find a suit for specific performance say for an sale price is 10 lakhs so the proper court fee aspect the Tamil Nadu court fees and suit valuation act now is three percent on the subject matter so for 10 lakhs you have to pay 30 000 as court fees accordingly you have paid 30 000 as court fees and filed the complaints the suit is for specific performance the defendant entered appearance and applied an application order 7 rule 11 of cpc to reject your client on the ground your suit is bought by limitation of course it is a duty of the court at section 3 of the limitation act to see whether the suit is in time whether or not the play of limitation is raised by the because it is a bound and duty of the court to see whether the suit is in time or not period of plea of limitation the advocates are often confused whether it is a mixture question of large fact or few question of law by taking into consideration of each and every facts sometimes the plea of limitation is a few question of law sometimes it may be a mixture question of long fact suppose my client is rejected stating that the plea of limitation is a few question of law okay as per the legal fiction created in section 2 to the order rejected the client shall be deemed to be a degree so once it is deemed to be a degree what are all the prohibition applicable to degree that has to be followed so as against the original degree i got to file an appeal only at section 96 so as against the order passed under order 7 rule 11 to rejecting my client i have to file an appeal under section 96 all right so instinct adherence to the legal fiction created i have filed my appeal then the question is payment as per section 52 of the Tamil Nadu court visa and suit valuation night the proper court fee on the appeal is as that of the trial court court before the trial court you have paid 30,000 now you have to pay 30,000 as court piece to entertain your appeal otherwise the registry will return your appeal now the legal fiction is created then how to interpret this whether the is it the intention of the legislature by creating the legal fiction that the order rejecting the client shall be a degree in all purposes that is not so that is not why it is deemed to be a degree degree conclusively determines the rights of the parties order reject in the client also conclusively determines the rights of the parties so when the both are same when both is by when this letter the order reject the client is deemed to be a degree necessarily i got to file an appeal but what about the payment of course what was my application what was the application filed by the defendant to reject the client what was the court fee paid by him under article one of schedule one of Tamil Nadu court piece and suit valuation just to file a piece so by affixing file a piece he has filed an application to reject my plan my accordingly my thereafter my plan was rejected now as against the center order i have reported the appeal what was paid to him as court piece by the five rupees can i be compelled to pay 30 000 instead of paying five five rupees now assuming for a moment my appeal prefer against the order rejecting my plan is allowed can i get the main relief of degree for specific performance i can't when my appeal is relating to getting the main relief of degree specific performance then there is a meaning in saying that i got to pay the court fee which was paid before the trial court what is my appeal the subject matter is different i'm not going to get my main relief at the best the court will allow my appeal allow my appeal in the sense the order rejecting the plaintiff's set aside then the case will be returned to the trial court then automatically my case will be restored from the stage on which my plan was rejected that's all so under those circumstances the legal fiction created under order 2 section 2 subclass 2 of cpc cannot be extended to another another act means Tamil Nadu court piece and suit valuation act Tamil Nadu court piece and suit valuation act does not create any legal fiction it is not stated order rejecting the plaintiff come under the purview of the appeal the order all the court piece paid before the on the plaintiff shall be the same in the appeal it does not say so so here the interpretation of legal fiction came in but it says legal fiction is created under section 2 of cpc it cannot be stretched it cannot be extended it cannot be invoked to another statue namely Tamil Nadu court piece and suit valuation recently our madras high court in attention sarma versus menaka export and reports reported in 2017 6 mlj page 75 has held that the proper court fee is only five rupees and not the court fee paid on the plaintiff though it was not brought to the knowledge of the court regarding the legal fiction but the irresistible conclusion must be is this this is the legal fiction created by the legislature under section 2 subclass 2 of cpc it cannot be extended to Tamil Nadu court piece and suit valuation act because by allowing the appeal the plaintiff will not get the main relief of degree for specific purpose so it is a bound and duty of the court to us a time the purpose for which the legal fiction is created it cannot go travel beyond that scope cannot go travel or beyond that scope now yes 2017 6 mlj page 75 i will separate my notes to give you 2017 2017 6 mlj page 752 then coming to the latest decision of supreme court on 32 2022 this month on third the supreme court gave a very important plan not judgment low kathalan or not sports the award passed by the low kathalan are in valley please participant please you can share the question after my session is over then i will answer on 32 2022 in new oakala industrial development authority noida the supreme court has held that low kathalan low kathalan are not courts the settlement degree or award passed by the low kathalan are in valley this head note is widely spread through the social media like me advocates are shell shocked and astonished how it could be then what is the purpose of enacting the legal services that are exact 1887 then why we are endlessly breaking our head to obtain a compromise degree if it is not valid then where we go then is it not a court unfortunately we failed to read the judgment of the supreme court in its entirety that is the case in noida the government has acquired a piece of land for public service several examples there are a fine 50 owners whose lands are acquired under the land acquisition act then award was passed by the referring officer if the land owner is not willing to accept the award amount he can file an application with section 18 to the district collector for reference for referring the award to the land acquisition tribunal namely the sub court to fix the compensation to to to redetermine the compensation normally you are all aware in land acquisition matter the audio will fix very very very very minimum rate of minimum rate of the minimum rate as a market value if it is in the case of property tax or some other taxing statute then he will fix the rate which is higher so in the matter of land acquisition a low amount will be fixed as your market so once the reference is given to the district collector the district collector in turn refer the matter to the land acquisition tribunal to redetermine the compensation so out of the 50 members one of the members filed an application for reference under section 18 thereafter the matter came to the land acquisition tribunal in the land acquisition tribunal the judge asked the referring officer under the climate wanted to go and settle the matter before the local in the local some or other they reached a compromise the land acquisition officer has agreed to fix the enhanced market price as compensation accordingly award was passed by the local then it came to the knowledge of the other owners who have not filed their application for reference then after coming to know about this award passed by the local and enhancing the compensation they have filed an application to section 18 of the land acquisition act before the district collector for redetermination of the same by 50% then the district collector said local is not a coach or award or degree passed by the local will not bind me and as well as will not bind you you cannot take and you advantage of the degree passed by the local other like compelling me to redetermine the compensation then that application was dismissed by the district collector then matter went to high court like no high court said same piece of land there are 50 owners one of them filed an application referring officer has agreed to fix the enhanced compensation so why not the same is applicable to other co other owners whose lands are acquired then order passed to the district collector for set aside under the collector was a director to be determined the compensation on par with the award pass to the local then this matter went to supreme court by way of a selfie leave was granted then it has been subsequently converted to civil appeal some of them are not aware as against the order of the right court you cannot file appeal before the supreme court straight away you have to seek the leave of the supreme court specially one specially was granted then your specialty person will be automatically converted into civil appeal as in the case of civil matter then it will be converted into criminal appeal as in the case of criminal case that is section article 133 and 136 of the constitution of India suppose where SLP is dismissed it does not prohibit the high court to review the order normally review application will lie when there is no appeal is fine but in the case of SLP it is not an appeal it's only a specialty one specialty person is dismissed you are perfectly and adjustable in filing an application for review before the high court which pass at the order all right now the supreme court said award of the local is not on merits our local are non adjudicatory functionaries there is no order on merits only based on compromise based on the suggestion given by both the parties it will be reduced in the form of a degree compromise degree but whereas in the section 28 a of the land acquisition act the determination of the compensation can only be made as per the degree passed by the land acquisition tribunal here award is by the local dollar not by the land acquisition tribunal if any degree order is for that land acquisition tribunal that is a degree then compensation can be redetermined in the section 28 a but here it is a local dollar one may ask me sir whether the plea of promise is applicable is applicable so same set of facts one landowner is entitled to get more compensation why not the others but law i don't know the legal number is who said law is an ass when you go in front of it it will kick when you go behind it it would also be there cannot be any legalities on it though it is not brought to the knowledge of the supreme court 100 but supreme court that the legal fiction created under the legal services authority sir the legal services authority section 20 clearly states that any order passed by the doka dollar award shall be deemed to be a degree as in it was passed by the civil court so a legal fiction is created under section 20 of the legal services authority said that award shall be deemed to be a degree passed by the civil court part of your section 28 years of the land acquisition act says order passed by the civil court when this is deemed to be a civil court then why not the award will not bind you here the rule of interpretation will apply in order to interpret the rule of legal fiction legal fiction created in one statue cannot be extended to another statue so section 28 of the land acquisition act is very clear it was very in an unabicast terms it has been specifically stated the compensation can only be redetermined on the basis of the degree passed by the land acquisition tribunal or civil court no legal fiction is created in order the land acquisition act where the legal fiction is created only under the legal services authority why this legal fiction is created suppose any degree award is passed by the doka dollar suppose both the parties didn't do a compromise there are certain corresponding obligations to be performed when any one of them fail to perform their obligation that the party agree by taking advantage of the compromise degree may approach the court namely the executing court to execute the compromising so the legal fiction created under section 20 of the legal services authority said act is only for the purpose of leaving the compromise degree in execution and not beyond that so how the legal fiction created in one particular statue can be stretched on or extended to another statue it can't be earlier one very landmark judgment that is reported in 1987 3 sec 655 state of Karnataka versus K. Kovalakrishna Shanay and first name was not brought to the knowledge of the supreme court though the supreme court said or the degree or not civil court degree or not is invalid but legal fiction is created that has not been brought to the knowledge of the supreme court but recently the bombay high court means in Srimati Umadevi Raj Kumar versus district collector Swalapu this is the order dated 24 6 2021 very same subject matter it was dealt by these honorable high court of Bombay wherein the Bombay high court has said legal fiction created under the legal service authority said cannot be extended to the land acquisition rights then legal fiction another one important judgment is a state of Mysore versus Akurshav Babusav this is reported in 19 I will tell you the citation in this case as class magistrate Badami Badami is a town in Karnataka magistrate refused to take cognizance of the charge it by the by the police on the ground Mysore ordinance 4 of 1970 came in with a retrospective effect from one 10 1970 it deleted the word police if the report is submitted by the exercise officer then it will be taken cognizance by the concerned magistrate earlier either by the exercise officer or by the police officer's report the court can take cognizance of the subject matter but the word police is deleted by the Mysore ordinance act Mysore ordinance 4 of 1970 it came into effect with the retrospectively from one 10 1970 based on this ordinance sorry section 21 of the legal service that is that all awards will be deemed to be a civil court degree 21 very mistake I said it is section 20 so the Badami magistrate refused to take cognizance of the charge it filed by the magistrate then the state preferred a revision before the sessions court which of that was also dismissed then revision before the high court was also dismissed then finally the matter went to supreme court after obtaining special leave the criminal appeal was undertaken pending revision before the high court again Mysore act one of 1971 came in it repeats the Mysore ordinance and state it will retrospectively take effect from one 7 1970 so the when the subsequent act was given effect retrospectively the legal fiction created therein must be given retrospective effect so finally the supreme court said the legal fiction must be given retrospective effect and the this is the proper interpretation of the legal fiction so accordingly there is this criminal appeal was so these are all some instances of legal fiction created by the legislature in particular enactment and there are 23 supreme court judgments are there on this topic legal fiction the complete study of the supreme court judgment I will circulate it will give you a clear picture about the rule of legal fiction and how to interpret the legal fiction apart from that you must know the principles of interpretation of statues and the general classes act otherwise it is impossible to know about the rule of legal fiction because he now it is out to you that was a spellbound effect Mr. Rao says in case of possession was taken during the pendency of a suit for injunction is pending even the pendency of an added term injunction is there this question is incomplete question is suit for injunction or recovery opposition entire injunction is there good for interim injunction interim order was granted but he was dispossessed nothing forthcoming yes even he was dispossessed his remedy is to file a petition under order 39 rule 2 a for the disobedience of the order passed by the court he can attach the property of the defendant or he can ask to arrest the respondent that is for disobedience of the order or he can move the high court under section 10 of the contempt of contract for the violation of the order passed by the subordinate so in both under order 39 rule 2 a and contempt of court the party who is at fault will be punished and his property will be attached until you can get compensation but in order to recover the possession of the property necessarily you have to file a suit for recovery of possession under section 6 of the specific effect along with the damages that's a proper course I think that was the only question is there is one name of the law book of India defining legal fiction pardon is there any book where the definitions of legal fiction etc there is no book on the topic legal fiction there's no book no book is published so far regarding the legal fiction it is only in the decision of the supreme court and the interpretation of statues what is my sure case law case yes yes one second my sure case law 1977 one sec page triple six 1977 one sec page triple six state of Mysore versus Bakrusa Babusha Karan I will share my notes no Sanjita says in my opinion such as LSA no dispute would arise from a decree but the matters relating to the other acts like motor vehicle act etc will only be referred to be a deemed decree should be applicable to the other acts what is your view on that pardon repeat repeat the question she says in my legal opinion as on as such on LSA no dispute would arise for decree but the matters relating to the other acts like motor vehicle act only would be referred to the deemed decree should it be applicable to the other acts also what is your view it cannot be applied to another statue that is why I said the interpretation of rule of legal fiction whenever illegal fiction is created in particular statue it is applicable only to the particular statue it is well within the four corners of this particular statue the legal fiction created in one statue cannot be extended to another statue yeah so we have no other questions I will ask Adilakshmi to share her thoughts thank you so much Vikas it was a different topic sir was telling there's no book in this particular subject I think the first book will be by Shankar Modi sir the little note will become into your major book and we are ready to publish it for you also sir there's a very excellent different topic and I thank Vikas for selecting this topic and also bringing in team legally kills a light along with you as a knowledge partner and Shankar Modi sir's topic always creates a lot of interest in our mind even senior advocates and honorable judges come and join in in fact two of the district judges from Tamil Nadu is connected in this platform it is a really excellent session we all enjoyed and enriched and this Sunday was a really good one in acquiring the knowledge so thank you so much sir and I should thank the juniors Vaxi and Haritha for helping him out in getting all the citations typing it out and what Haritha and Vaxi are perhaps and today it's only Adil okay but in absence yeah in absent this is under the deeming fiction of law legal fiction is created yeah deeming fiction that they are their major contribution and I can only say the session had the different spectrums under the fiction of law and Mr. Shankar Modi has as usual taken the sessions spot on and the fact that the session went off well there cannot be any affection but that is a reality everyone stay safe stay blessed thank you thank you thank you thank you thank you thank you thank you thank you thank you all thank you sir thank you so much