individuals
who may err and blunder. With this emerged the concept of
divorce by mutual consent. When the partners find it impossible
to live ... their traditional personal law.
The concept is alien to all these religions identically. The
secular concept of divorce by mutual consent had gained
currency
Fixed Deposits with them, is not exempted from tax on the concept of Mutuality". In some appeals, a further question ... amounts by way of interest cannot be held to satisfy the mutuality concept. As held in the decision of the Karnataka High Court reported
read with the constitutional provision as above whether the mutuality concept in a members' club is done away with or not. In order ... provision of the said Act would have been applicable and the mutuality concept could be said to have been obliterated.
18. We thus dismiss this
earning of interest is
clearly had risen out of the concept of mutuality only. The
decisions relied upon by the DR have nowhere touch ... income
which also goes to show that wherever the concept of mutuality was
absent, the assessee had offered the same as income.”
On an application
The Mavilayi Service Cooperative Bank ... vs Commissioner Of Income Tax Calicut on 12 January, 2021
necessary to bear in mind two concepts. The first concept is that the principle of mutuality is based on the doctrine that no person ... admissi-bility of the claim for exemption based on concept of mutuality. The Supreme Court in Commissioner of Income-tax v. Royal Western India Turf
urged by him that after the
constitutional amendment, the concept of mutuality and the pronouncements
made in that context have no applicability. He has commended ... According to Mr. Vasdev, the earlier decisions which related
to the concept of mutuality have lost their force.
13. In this context, he has referred
Premises Tenancy Act. Tenancy and trespass, are concepts mutually exclusive of one another, just as, say, the concepts of black and white are. Tenancy excludes
conditions must exist before an activity could be brought
under the concept of mutuality;
that no person can earn from him;
that there a profit ... such the AOP body by the society is not covered by
concept of mutuality at all.”
27) These are the findings of fact which have
There are
ample precedents of our country also adopting the concept of joint & mutual
wills. 'Theobald' on Wills 19th Edition (Sweet ... Duty, Ahmedabad , (1986) 1 SCC 701, had elaborately considered the concept
of Joint & mutual Will. The above case was also a case
