VidhiSangh

Supreme Court of India · 14/10/2022

KERALA LAND REFORMS & DEVELOPMENT COOPERATIVE SOCIETY LIMITED versus THE DISTRICT REGISTRAR (GENERAL) & ANOTHER

[2022] 13 S.C.R. 543 · 2022 INSC 1087

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Summary

Kerala co-operative societies claimed remission of stamp duty on sale deeds between themselves and their members under SRO No. 75/60. That order, issued under the repealed Travancore-Cochin and Madras Co-operative Societies Acts, remitted duty even on instruments a member executed in his own capacity. The societies argued it survived the Kerala Co-operative Societies Act, 1969 through the saving clause in Section 110(2). The Supreme Court upheld the Full Bench. Section 110(2) saves notifications under the repealed Acts only 'so far as may be', that is, to the extent consistent with the new Act. Section 40(1)(a) allows remission only for instruments relating to the society's business, and only where the society, officer or member would otherwise be liable to pay duty. SRO 75/60 was therefore not saved to the extent of the inconsistency, and the appeals were dismissed.

Issues

  1. Whether SRO No. 75/60, issued under the repealed Travancore-Cochin and Madras Co-operative Societies Acts, survives under Section 110(2) of the Kerala Co-operative Societies Act, 1969 so as to remit stamp duty on sale deeds between societies and their members.

Provisions considered

Held

Result

Appeals dismissed; the Full Bench of the Kerala High Court affirmed; no costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 543.