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Understanding 'Will Be Deemed' Meaning in Indian Law
In legal parlance, phrases like 'will be deemed' or 'shall be deemed' appear frequently in statutes, contracts, and judgments. But what does 'will be deemed' mean? Generally, it creates a legal fiction – treating something as true that isn't factually so, to achieve justice or statutory intent. This post explores its interpretation across Indian case law, drawing from key judgments to clarify its application. While this provides general insights, consult a lawyer for specific advice as outcomes vary by facts.
What Does 'Deemed' Mean Legally?
The term 'deemed' forces a presumption. Courts have defined it as: When a person is 'deemed to be' something, the only meaning possible is that whereas he is not in reality that something the Act of Parliament requires him to be treated as if he were. SAMSHER KHAN VS VITHALDAS - 1945 Supreme(Nagpur) 60
- Fiction for purpose: It applies only where the statute intends, not universally. Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
- Contextual reading: Definitions are read subject to unless there is anything repugnant in the subject or context. Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
This prevents rigid application, allowing judges to interpret based on purpose.
Deemed in Criminal Procedure: Quashing Proceedings
Under CrPC Section 482, High Courts wield inherent powers. A key case clarifies deeming non-compoundable offenses quashable post-compromise: Quashing a proceeding becoming futile after compromise and compounding of offence are two different things. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1
Key Holdings on Sections 320 & 482 CrPC
- Inherent powers not barred: Courts can quash even non-compoundable offenses (e.g., IPC 420, 120B) if justice demands, without converting them to compoundable. Cases like B.S. Joshi approved. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1
- Matrimonial offenses: High Courts may quash FIRs under IPC 498A post-mutual divorce, as hyper-technical views harm women and delay settlements. Section 320 of the Code does not limit or affect the powers under Section 482. B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227
This shows 'deemed futile' allows quashing to prevent abuse of process.
Deemed in Service & Employment Law
Daily wage workers often claim permanence. Courts reject this via deeming provisions.
No Automatic Regularization
A temporary employee could not claim to be made permanent on the expiry of his term of appointment. Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415
- Legitimate expectation fails: Casual workers know terms; no promise of permanence. Theory can't demand absorption without proper selection per Articles 14 & 16. Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415
- Equal pay limited: Daily wagers get minimum regular wages from judgment date, not retrospectively. No regularization directive. Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415
- Public employment rules: Regular recruitment is mandatory; courts can't order absorption of irregular appointees, avoiding 'litigious employment.' Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415
Article 21 doesn't include right to employment here, balancing equality. Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415
In gratuity cases: An employee drawing <Rs.1000/month for 5+ years at Act's commencement is deemed an employee under Payment of Gratuity Act Section 2(e), even if salary later exceeds limits. Mineral Area Development Authority VS State Of Bihar - 1997 Supreme(Pat) 499
Deemed in Property & Transfer Laws
Mortgages & Sales
Absence of retransfer condition in a sale document means it's not deemed a mortgage under TP Act Section 58(c). The absence of the condition for retransfer in the document effecting the sale precludes a transaction from being treated as a mortgage by conditional sale. SAMSHER KHAN VS VITHALDAS - 1945 Supreme(Nagpur) 60
Wills & Registration
Registered documents carry deemed knowledge from registration date. Whenever a document is registered the date of registration becomes the date of deemed knowledge. Challengers can't delay suits indefinitely. Dhirubhai Jethabhai Patel VS Gananben
Deemed Proceedings & Authorities
Judicial Proceedings
Income Tax Officers' inquiries are deemed judicial proceedings under IPC Sections 193/228, but not always courts under CrPC Section 195. Special powers don't equate to full court status. LALJI HARIDAS VS STATE OF MAHARASHTRA - 1964 Supreme(Bom) 5 Lalji Haridas VS State Of Maharashtra - 1964 Supreme(SC) 37
Custodians under Evacuee Property Act are deemed courts for specific CrPC sections. Lalji Haridas VS State Of Maharashtra - 1964 Supreme(SC) 37
Passport Impounding
Impounding without prior hearing is okay initially, but post-order hearing is mandated for natural justice. Procedure must be just, fair. Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29
Statutory Interpretation Principles
Deeming clauses aren't absolute:
- Read with qualifiers like unless context otherwise requires. Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
- Tribunals (e.g., Registrar/High Court) are deemed based on pending proceedings. Jurisdiction is mutually exclusive. Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
In trade marks: High Court and the Registrar, on their own, are not 'TRIBUNAL'. They become 'TRIBUNAL' if 'the proceeding concerned' comes to be pending. Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176
Key Takeaways
| Context | Deemed Meaning Example |
|---------|------------------------|
| CrPC | Futile proceedings quashable post-compromise GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1 |
| Service Law | No deemed permanence for casual workers Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415 |
| Property | Registered docs = deemed knowledge Dhirubhai Jethabhai Patel VS Gananben |
| Tax | Certain inquiries deemed judicial, not always courts LALJI HARIDAS VS STATE OF MAHARASHTRA - 1964 Supreme(Bom) 5 |
'Will be deemed' bridges factual gaps for equity, but courts limit it to statutory intent. It promotes efficiency (e.g., no endless casual employment claims) while upholding rights.
Conclusion
The phrase 'will be deemed' is a powerful tool in Indian law, creating fictions for justice. From quashing FIRs B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227 to denying regularization Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415, it ensures statutes work practically. Always check context – what seems 'deemed' true may not be absolute.
This is general information based on precedents, not legal advice. Laws evolve; seek professional counsel for your case.
References: Insights drawn from cases like GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1, Secretary State of Karnataka VS Umadevi - 2006 3 Supreme 415, B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227, SAMSHER KHAN VS VITHALDAS - 1945 Supreme(Nagpur) 60, Whirlpool Corporation VS Registrar Of Trade Marks, Mumbai - 1998 8 Supreme 176, LALJI HARIDAS VS STATE OF MAHARASHTRA - 1964 Supreme(Bom) 5, Dhirubhai Jethabhai Patel VS Gananben, Mineral Area Development Authority VS State Of Bihar - 1997 Supreme(Pat) 499, Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29.
Search Results for "Will Be Deemed Meaning in Indian Law Explained"
2012 7 Supreme 1 • India - Supreme Court
R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA, ANIL R.DAVE
Procedure, 1973 - Section 482 - Inherent power to do complete and substantial justice - Should not be ... exercised as against the express bar of law. ... =act:78~S.320>320 and 482 - Quashing a proceeding becoming futile after compromise and compounding of ... —Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary ... in sub-section (2) of Section 397 operates only in exe....
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
We are afraid if such a view is to be judicially accepted and approved, then it will be tantamount to laying down an alarming proposition ... , we would be otherwise not constrained to express any opinion on this - Held, In the light of the above decisions of this Court, ... Whoever he may be, however high he is, he is under the law. ... In Corpus Juris Secondum (Vol. 83) at page 923 the meaning of the word suspect is given thus:"Th....
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
end of drama would be admissible because entire statement would have to be read as an organic whole and not torn from context - ... Sometimes statements relevant to or furnishing an immediate motive may also be admissible as being a part of transaction of death ... of time is not spread over three or four months, statement would be admissible under Section 32 of Evidence Act - This is always ... Their Lordships are of#HL_E....
2006 3 Supreme 415 • India - Supreme Court
ARUN KUMAR, P. K. BALASUBRAMANYAN, C. K. THAKKER, Y. K. SABHARWAL, G. P. MATHUR
of doctrine of legitimate expectation can enable the employees to claim that they must be made permanent or must be regularized ... Similarly, a temporary employee could not claim to be made permanent on the expiry of his term of appointment. ... that are being paid to regular employees be paid to these daily wage employees with effect from the date of its judgment. ... This Cour....
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
FUNDAMENTAL RIGHTS IN PART III OF CONSTITUTION - LAW TAKING AWAY “PERSONAL LIBERTY” AND PRESCRIBING PROCEDURE—IT IS LIABLE TO BE ... but as soon as the order impounding the passport is made an opportunity of being heard remedial in aim should be given to him so ... that he may present his case and controvert that of the passport authority - reasons for impounding passport should be furnished ... not be deemed protected under the Constitution. ... #HL....
2003 3 Supreme 575 • India - Supreme Court
SHIVARAJ V.PATIL, ARIJIT PASAYAT
something enacted therein which but for the proviso would be within the purview of the enactment-Word deemed -Meaning of-Words ... by Government or other competent authority shall be deemed to be an appointment made in the exigencies of public service for the ... made in pursuance of applications invited, sponsored or recommended by Government or other competent authority shall be deeme....
1997 0 Supreme(Pat) 499 • India - Patna
S.N.MISHRA
PER MONTH ON THE DAY OF HIS RETIREMENT, WILL BE DEEMED TO BE AN EMPLOYEE WITHIN THE MEANING OF SEC. 2(E) OF THE ACT. ... be deemed to be an employee within the meaning of Sec. 2(e) of the Act. ... the Act and having fulfilled the conditions as required under Sec. 4 of the Act for payment #HL....
1999 0 Supreme(Kar) 363 • India - Karnataka
P.VISHWANATHA SHETTY
The court also held that the tenancy rights were heritable and the third respondent was a deemed tenant within the meaning of Section ... Finding of the Court: The court found that the third respondent had a valid claim for occupancy right as a lawful tenant ... 4 of the Karnataka Land Reforms Act. ... third respondent and the third respondent will be lawful tenants within the meaning of Section 4 of#HL_E....
2021 Supreme(Online)(KER) 44492 • India - High Court of Kerala
Devan Ramachandran, J
Ratio Decidendi: The vacancy arising from the promotion of another teacher was deemed substantive, meaning the petitioner ... Appointment - Public Service - KER Rule 51A - Court upheld the petitioner's appointment as substantive based on the promotion ... of another teacher, thus invalidating claims of the vacancy being temporary and entitling the petitioner to continuous service benefits ... the petitioner for approval of his appointment with effect....
2026 Supreme(Online)(Ker) 14625 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
mortgage as security and valid lease as per statutory definitions; consequences arising from misinterpretation of legal definitions ... based on necessity and prior approvals as mandated by law. ... ... ... Facts of the case: ... Plaintiffs claimed recovery of temple property transferred under a 1936 deed, contested legal validity ... within the meaning of th....
2023 0 Supreme(Bom) 2013 • India - Bombay
A. S. DOCTOR
heard when deciding an Application for Deemed Conveyance. ... He therefore submitted that the Petitioners were deemed to have notice of the Application for Deemed Conveyance. He submitted that the Petitioners could not therefore be heard to say that no notice of the hearing of the Deemed Conveyance Application had been given. ... Trivedi then took pains to point out that the Developer/ Promoter who was a party to the Application for Deemed Conveyance had in fact objected to the grant of the order of #HL....
2024 0 Supreme(Bom) 811 • India - Bombay
MADHAV J. JAMDAR
same in the Application seeking Deemed Conveyance. ... At the outset, it is required to be noted that in the Deemed Conveyance Application, the Petitioner-Society has sought unilateral Deemed Conveyance of the land admeasuring 2843 sq. meter, whereas by the impugned Order, the Petitioner-Society has been allotted Deemed Conveyance of land only admeasuring ... He, therefore, submitted that the Deemed Conveyance of the entire area should have been granted. ... (vii) On 06.10.2023, the Competent Authority ....
• India - Current Civil Cases
SANJEEV J. THAKER
and therefore the Plaintiff would be deemed to have necessary knowledge. ... Whenever a document is registered the date of registration becomes the date of deemed knowledge. ... 5.2 It is important now to see what is the position of law on ‘deemed knowledge’ of registered documents. Hon’ble Supreme Court has time and again laid down the law relating to deemed knowledge, cause of action and ultimately, limitation. ... 3) Whenever a document is registered the date of registration becomes the date of deemed#HL_E....
2022 0 Supreme(Mad) 3799 • India - Madras
S. S. SUNDAR, N. MALA
It is, therefore, necessary first to ascertain the meaning of the word ‘attest’ independent of the statute and adopt it in the light of the extended or qualified meaning given herein. ... Further, that part of the document (generally the reverse side of the document) on which endorsements are made at the time of registration is also deemed to be part of it under the Registration Act. ... The ordinary meaning of the word is thus in conformity with the definition thereof under the Transfer of Property Act before it was ame....
2026 0 Supreme(Ori) 14 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
It is unquestionable that the object of all expositions of written instruments must be to ascertain the expressed meaning or intention of the writer; the expressed meaning being equivalent to the intention….”24. ... We need to carry on the exercise of construction or interpretation of the document only if the document is ambiguous, or its meaning is uncertain. If the language used in the document is unambiguous and the meaning is clear, evidently, that is what is meant by the executants of the document. ... It is unquest....
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