VidhiSangh

Supreme Court of India · 05/12/2025

ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. versus THE STATE OF JHARKHAND & ORS.

[2025] 12 S.C.R. 356 · 2025 INSC 1389

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Summary

The Supreme Court set aside a Jharkhand Registration Department memo that allowed the Section 9A stamp duty exemption for transfers by cooperative societies to their members only on a recommendation of the Assistant Registrar, Cooperative Society, holding that the requirement rested on an irrelevant consideration and was superfluous because the registration certificate under Section 5(7) of the 1996 Act is conclusive evidence of the society's existence.

Issues

  1. Whether an executive memo requiring a recommendation of the Assistant Registrar, Cooperative Society as a pre-condition for the stamp duty exemption under Section 9A of the Indian Stamp Act (as amended in Bihar) is legal.
  2. Whether an administrative requirement that is unnecessary and adds nothing to the purpose of the statute can be struck down as illegal on judicial review.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment in LPA No. 553 of 2022 set aside and Memo No. 494 dated 20.02.2009 of the Principal Secretary, Department of Registration, Jharkhand, quashed.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 356.