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according action adoption alienation analogy applied artificial assumed assumption Bentham child civil death Code common law conceal conclusive presumption constructive trust corporate personality courts created criminal deceased decision deemed defendant derivative fiction device doctrine effect employed enactment English law existence express extended fact false father fiction and equity fiction theory fictitious entities fundamental fiction Gierke Hindu law husband Ibid implied Income-tax Act Indian inheritance instance intention interpretation judge judicial fictions jurisdiction Jurisprudence juristic person justice Latitat law-making lawyers legal concepts legal fictions legal person legal rule legal system legislator liability Lord means Mitakshara modern obligations offences original parties Paton plaintiff positive law possession practical principle procedure purpose quasi-contract reality recognised regarded result Roman law Salmond Section situation Smritis social society Srutis statute statutory fiction tion tort unborn unjust enrichment Usucapio vicarious liability wife writ Yajnavalkya