Mutatis Mutandis – With the necessary changes having been made, with the respective differences having been considered.
Mutatis Mutandis
(Latin: “The necessary changes having been made” or “with the necessary modifications”)
1. Literal Meaning
"Mutatis Mutandis" translates as:
"the necessary things having been changed that need to be changed."
In legal terms, it means:
"Applying the same principle or provision, with appropriate modifications to suit the new situation."
2. Purpose and Function
This maxim is used to:
Apply an existing law or provision to a different context, with adjustments.
Avoid redundancy — rather than rewriting similar rules, it allows adaptation.
Maintain consistency and coherence in law, while allowing flexibility.
3. Common Usage
You’ll often find it in:
Statutes, when a section is applied to another law or situation with suitable modifications.
Rules and notifications, where one set of procedures is extended to another situation.
Contract law, when terms in one agreement are to apply similarly to another, with changes as required.
4. Example in Law
Let’s say:
Section X of Law A is applied mutatis mutandis to Law B.
This means: the core structure and principle of Section X apply to Law B, but names, procedures, or entities might be adapted to fit the new context.
5. Case Law Illustrations
🏛 Sundaram Finance Ltd. v. State of Kerala (AIR 1966 SC 1178)
The Court explained how a particular provision of the Sales Tax Act applied mutatis mutandis to hire-purchase transactions.
It clarified that the underlying principle remained the same, but procedural details could be adapted.
🏛 State of Rajasthan v. Noor Mohammad (AIR 1972 SC 1650)
Concerned the application of a certain provision from one law to another mutatis mutandis.
The Court observed that changes must be logical, not arbitrary, and must preserve the core intent of the original provision.
🏛 M/s. Babaji Kondaji Garad v. Nasik Merchants Coop. Bank Ltd. (1984) 2 SCC 50
The Supreme Court ruled that when a provision is applied mutatis mutandis, only necessary changes should be made to adapt the provision — the basic framework should stay intact.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Meaning | With necessary changes or adjustments |
| Purpose | To apply existing rules to new contexts with modifications |
| Used in | Statutes, rules, contracts |
| Effect | Saves repetition, ensures consistency |
| Key Case Law | Sundaram Finance, Noor Mohammad, Babaji Kondaji Garad |
7. Conclusion
"Mutatis mutandis" is a tool of adaptation. It allows the law to be flexible — applying established principles across different situations while respecting the unique details of each context.
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