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
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
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
income tax, based on the doctrine of mutuality. After appreciating the
general understanding of the doctrine of mutuality in the context of the
provision ... turn
result in earning interest cannot be held to satisfy the mutuality
concept.
Submissions:
6. In the above backdrop of decisions of this Court
Fletcher (supra) by holding that the rule "derives from a conception of
mutual duties of neighbouring landowners", and was therefore inapplicable
to personal
understand the basis of the complaint we
need to understand the concept of mutual wills,
mutual and reciprocal trusts and secret trusts. A
will ... testators concerning disposal of their respective
properties. Their mutuality and reciprocity depends
on several factors. Mutual wills and trusts are
evidenced by the Deeds themselves
same on the
ground that the appellant was residing separately by mutual
consent and that, therefore, she is not entitled to the
maintenance. The maintenance ... with her
husband, or if they are living
separately by mutual consent."
The concept of living separately by mutual consent arises so
long
Fletcher (supra) by holding that the rule "derives from a conception of mutual duties of neighbouring landowners", and was therefore inapplicable to personal
facts pleaded by the Department there is
no evidence of any mutuality of interest in the business of
each other.
7. We have carefully considered ... Central Excise, Pune7 , the Court had to consider and
analyse the concept of mutual interest and it was found that
there was common procurement
Rajasthan Cylinders And Containers ... vs U.O.I And Anr on 1 October, 2018
Equivalent
