In Brief
Multiple co-operative societies sought remission of stamp duty on sale deeds executed between members and the societies. They relied on SRO No. 75/1960, issued under now-repealed legislation, which broadly exempted such instruments. The Supreme Court held that when the Kerala Co-operative Societies Act, 1969 replaced earlier Acts, it narrowed the remission scope in Section 40: remission applies only to instruments executed 'by or on behalf of a society or by an officer or member thereof' where the payer would be liable to pay stamp duty but for remission. The older SRO, which covered members acting in personal or guardianship capacity, was inconsistent with the 1969 Act and thus not saved. The Court dismissed all appeals.
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