Enforcement of Security Interest and Recovery of Debt Laws a.....Tags : sarfaesi, debt act, central registry, asset reconstruction
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Company Court to not wield power at winding-up under SARFAESI(29.12.2015)
Provisions of the Companies Act, 1956 in respect of dues of workmen and their protection are incorporated under the Securitisation Act, 2002 and legal.....
Tags : Sarfaesi, companies act, conditions, secured asset
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IBC bars jurisdiction of civil courts in respect of any matter in which NCLT or NCLAT is empowered by Code to pass any Order(18.11.2019)
The present civil appeals have been filed by the Appellant-Resolution Professional appointed by the National Company Law Tribunal for the Corporate De.....
Tags : Auction, Assets, Interim order, Jurisdiction
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Share Application Money as transferred by the assessee is ‘Capital Asset’ for the purpose of Income Tax Act, 1961(15.12.2020)
In facts of present case, as a part of corporate restructuring undertaken by the assessee group, it was decided that, shares of certain group entities.....
Tags : Assessment, Share money, Capital Assets
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District Magistrate or Chief Metropolitan Magistrate can appoint an advocate and authorise him/her to take possession of the secured assets under Section 14(1A) SARFAESI Act(25.02.2022)
The seminal question involved in present cases is whether it is open to the District Magistrate or the Chief Metropolitan to appoint an advocate and a.....
Tags : Possession, Secured assets, Authorization
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CCI Permits Union Bank's 49% Stake Buy in Union KBC AMC(31.12.2015)
Central Information Commission (CIC)has approved Union Bank of India's proposed acquisition of 49 per cent stake in Union KBC Asset Management Company.....
Tags : Central Information Commission , Union KBC Asset Management Company
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Delhi HC Reserves Judgment over Virbhadra Singh in Disproportionate Assets Case(16.12.2016)
Delhi High Court has reserved its verdict on plea of Himachal Pradesh Chief Minister Virbhadra Singh and his wife Pratibha Singh, seeking quashing of .....
Tags : Delhi High Court, Virbhadra Singh, disproportionate assets
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SC: No Loan to be termed NPA Till New Orders(04.09.2020)
Supreme Court has asked banks not to declare any loan account as non-performing asset (NPA) till it passed further orders on a bunch of Petitions ques.....
Tags : Supreme Court, Declaration of Non-Performing Assets
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ITAT: Depreciation allowable on Toll Collection Rights(15.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench has held that the depreciation under Section 32 of the Income Tax Act, 1961 is allowable on toll coll.....
Tags : ITAT, Toll Collection, Capital Asset
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CBDT Issues Guidelines on 1% TDS on Virtual Digital Assets from 1st July(23.06.2022)
Central Board of Direct Taxes (CBDT) has issued guidelines to levy one percent TDS on the virtual digital assets under Section 194S of the Income Tax .....
Tags : CBDT, Virtual Digital Assets, Income-Tax Act
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Mad HC Takes Suo Moto Revision Against Minister Ponmudi’s Acquittal in Disproportionate Assets Case(10.08.2023)
Madras High Court has Suo Moto taken up revision against the Trial Court verdict that acquitted Tamil Nadu Higher Education Minister K Ponmudi and his.....
Tags : Madras High Court, Suo Moto, Disproportionate Assets
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Ori. HC: In Maintenance Proceedings it is Mandatory to File Affidavit Disclosing Assets(14.02.2025)
Orissa High Court while directing fresh disposal of a maintenance case, has stated that it is mandatory to file affidavit disclosing assets while maki.....
Tags : Orissa High Court, Maintenance Proceedings, Disclosing Assets
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Proceedings under the SARFAESI Act cannot be continued against corporate debtor, once the CIRP is initiated and the moratorium is ordered(18.05.2022)
Present appeal challenges the judgment passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi ( “the NCLAT”), thereby dismi.....
Tags : Sale, Assets, Corporate Debtor
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Opportunity to decide NPA classification on account-basis slips by(11.04.2016)
A borrower having repaid all of the principal sum but with more than 20 per cent of interest remaining cannot escape the provisions of the SARFAESI Ac.....
Tags : non-performing asset, classification, multiple accounts, borrower
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No right of representation for borrowers in proceedings by lender seeking assistance to take possession(06.08.2015)
In an application by a creditor seeking assistance to take possession of the secured asset, under Section 14 SARFAESI Act, 2002, there is no requireme.....
Tags : Assistance, secured creditor, asset, notice
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Bombay HC Gives Government ‘Last Chance’ to File Report in Kripashankar Assets Case(10.01.2017)
Bombay High Court gave Government a last chance to submit a report on its probe into alleged disproportionate assets of former Mumbai Congress chief K.....
Tags : Bombay High Court, Kripashankar Singh, Mumbai Congress, disproportionate assets
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NCLAT: NCLT Cannot Approve Resolution Plan if Leasehold Rights over Primary Assets are Unproven(23.09.2025)
NCLAT New Delhi bench upheld the NCLT Kolkata order refusing to sanction a resolution plan involving disputed land. The corporate debtor failed to pro.....
Tags : Leasehold Rights, Primary Assets, Corporate Debtor
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Del. HC: Director Not Individually Liable for Asset Transfer Without Consideration under S.276 IT Act(13.10.2025)
Delhi High Court held that a corporate director cannot be prosecuted individually for transferring a company asset to a relative, such as a daughter-i.....
Tags : Director, Asset, Consideration, Income Tax Act
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Kerala HC: “Debt Due” under Section 18(1) SARFAESI Act Includes Future Interest until Appeal Filing(27.10.2025)
Kerala HC held that under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (S.....
Tags : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Demand Notice, Appeal
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NCLAT: Unenforced Equitable Mortgage is Corporate Debtor’s Asset, Not to Be Treated as Margin Money(31.10.2025)
NCLAT set aside the NCLT Mumbai order directing 5% of Frost International Ltd’s FLCs, LCs, and BGs be excluded from its assets and treated as margin m.....
Tags : Mortgage, Corporate Debtor, Asset
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SC in Disproportionate Assets Case: Acquiring Assets not Crime Unless Source Illegal(02.06.2016)
Supreme Court while hearing DA case has observed that acquiring assets "per se" is not a crime unless the sources are found to be illegal.
Tags : Supreme Court, Disproportionate Assets Case
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SC: Sale of Entire Running Business With Assets, Liabilities Is Not 'Short-Term Capital Assets'(19.04.2017)
Supreme Court has held that Section 50 (2) of Income Tax Act will not apply to a case where entire running business with assets and liabilities is sol.....
Tags : Supreme Court, Short-Term Capital Assets
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Karnataka HC Grants Relief to Ex-Minister over Disproportionate Assets Case(07.10.2016)
Karnataka HC, while granting relief to Ex-Minister V Somanna, has stayed further proceedings in respect of a complaint pertaining to amassing dispropo.....
Tags : Karnataka HC, disproportionate assets
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SC Directs Banks Not to Impose Penalty on EMI Default by Amrapali Home Buyers(19.04.2022)
Supreme Court has directed the banks that their accounts shall not be treated as Non-Performing Assets Accounts and no penalties shall be charged fro.....
Tags : Supreme Court , Non-Performing Assets Accounts, EMI, Amrapali Group
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Delhi HC Directs Banks to Keep Status Quo on Asset Classification(09.04.2020)
Delhi High Court has said banks should maintain status quo on asset classification between 1st March, 2020 and 31st May, 2020, the period for which th.....
Tags : Delhi High Court, Status Quo on Asset Classification
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ITAT, Mumbai: Non-Disclosure of Foreign Asset in ITR Not Valid Reason for Imposition of Penalty(08.04.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has observed that non disclosing of a foreign asset in the income tax return, by itself, is not a valid r.....
Tags : Income Tax Appellate Tribunal, foreign asset, income tax return, Black Money Act, assessee
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Only expressly created statutory first charges under Central and State laws can take precedence over claims of secured creditors(04.12.2019)
Present appeal arises out of judgment passed by High Court. Vide the impugned judgment, the High Court has directed the issuance of a recovery certifi.....
Tags : Sale, Secured assets, Proceeds
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When a public functionary is required to perform a public function within a time frame, the same will be held to be directory unless specified(05.11.2020)
The challenge in the present appeal is to an order passed by the High Court, whereby it was held that Section 14 of the Securitisation and Reconstruct.....
Tags : Secured Assets, Possession, Time limit
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Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)
Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....
Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
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SC Restores Disproportionate Assets Case against IAS Officer(24.10.2016)
Supreme Court has restored a disproportionate assets case against a UP-cadre IAS officer, K Dhanalakshmi, while setting aside an order of Delhi High .....
Tags : Supreme Court, IAS officer, Delhi High Court, Disproportionate Assets Case
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Supreme Court: Disclose Info About Inquiries Against MPs Who Amassed DA(07.09.2017)
Supreme Court has directed Central Government to file a fresh affidavit with information about the results of inquiry by Central Board of Direct Taxes.....
Tags : Supreme Court, disproportionate assets
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Supreme Court Seeks Centre's Report on Jump in Assets of Lawmakers Between Elections(07.09.2017)
Supreme Court has asked Centre to furnish details of action initiated against lawmakers, some of whose assets have jumped by over “500 per cent” betwe.....
Tags : Supreme Court, Lawmakers, Assets
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Supreme Court: Lawmakers' Assets Known, Time to Talk of Income Source(13.09.2017)
Supreme Court has asked that why should aspiring lawmakers get "immunity" from disclosing their source of income, while hearing a petition that cited .....
Tags : Supreme Court, disproportionate assets
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CIC Rules: “Disclosing Assets of Official’s Spouse Not Permissible under RTI”(04.10.2016)
Central Information Commission (CIC) has ruled that demanding asset details of spouse and dependents of government officials under Right to Informatio.....
Tags : CIC, asset details of spouse
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CIC Stays Order on Disclosure of Information on Non-Performing Assets(08.07.2021)
Central Information Commission (CIC) has stayed the order of the First Appellate Authority (FAA) of the Reserve Bank of India (RBI) which had directed.....
Tags : Central Information Commission, Disclosure of Information on Non-Performing Assets
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SC Refuses to Entertain Plea Seeking Clarification on Declaration of Loan Accounts as NPA(09.07.2021)
Supreme Court has refused to entertain a plea seeking clarification and modification of its 23rd March 2021 judgement whereby it vacated the stay on d.....
Tags : Supreme Court, Declaration of Loan Accounts as Non-Performing Assets
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CCI Approves Reliance Capital-Goldman Sachs Deal(06.01.2016)
Competition Commission of India (CCI) has approved Reliance Capital Asset Management (RCAM) acquisition of Goldman Sachs' onshore asset management bu.....
Tags : Competition Commission of India, Reliance Capital Asset Management
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NCLAT Turns Down Reference Seeking Re-Consideration of Decision in V. Padamakumar Case(23.12.2020)
National Company Law Appellate Tribunal has turned down a reference made by a three-member Bench, seeking re-consideration of the decision in V. Padam.....
Tags : National Company Law Appellate Tribunal, V. Padamakumar v. Stressed Assets Stabilization Fund (SASF) & Anr.
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Rajasthan HC: Magistrate Can’t Order Secured Creditor to Pay Police Expenses For Asset Possession(04.11.2025)
Raj HC has held that a Magistrate cannot require a secured creditor to deposit police expenses for taking possession of a secured asset under Section .....
Tags : Creditor, Possession, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act
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RBI Eases Stressed Asset Resolution Norms(11.11.2016)
Reserve Bank of India (RBI) has eased rules for various stressed asset resolution schemes and expanded scope of a loan recast plan previously limited .....
Tags : Reserve Bank of India , infrastructure sector, Stressed Asset Resolution
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2012 Disproportionate Assets Case: Madras HC Sets Aside Discharge of Former CM Panneerselvam(30.10.2024)
The Madras High Court has set aside the order discharging former Tamil Nadu Chief Minister, O. Panneerselavm and permitting prosecution to withdraw th.....
Tags : Madras High Court, O. Panneerselavm, 2012 Disproportionate Assets Case
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SC: Outgoing Partner has Right to Seek Accounts & Shares in Profit Until Final Settlement Made(12.11.2024)
Supreme Court has held that if business is being carried on by a partner with the assets of the firm then, the outgoing partner will have a right to s.....
Tags : Supreme Court, Outgoing Partner, Assets
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CCI Approves Pramerica's Acquisition of Deutsche MF Business(10.11.2015)
Competition Commission of India (CCI) has approved acquisition of Deutsche Bank's asset management business in India by global fund house Pramerica As.....
Tags : Competition Commission of India , Deutsche MF Business, Pramerica Asset Managers Pvt Ltd.
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CBDT Notifies Exclusion of Non-Fungible Token as Virtual Digital Asset(04.07.2022)
Central Board of Direct Taxes (CBDT) has notified that the Non-fungible token (NFTs) shall not be treated as Virtual Digital Assets for the purpose of.....
Tags : CBDT, NFT, Virtual Digital Assets
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Supreme Court Rejects Karnataka Government's Review Plea in Jayalalithaa DA Case(06.04.2017)
SC has refused to review its verdict in Jayalalithaa disproportionate assets case and rejected Karnataka government's plea asking the court to re-exam.....
Tags : Supreme Court, Jayalalithaa disproportionate assets case, Karnataka government
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Rajasthan HC Stays Order Attaching Assets of Chittorgarh Tehsildar, Collector and SP(26.02.2021)
Rajasthan High Court has put a stay on the ACJM Court, Chittorgarh order for the attachment of chair, car and residences of the tehsildar, collector a.....
Tags : Rajasthan High Court, Attachment of Assets
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Judges of Supreme Court Decide to Make their Asset Declaration Public(04.04.2025)
Supreme Court judges have agreed to make declaration of their assets publicly available as a step towards transparency and boosting public confidence .....
Tags : Supreme Court, Asset Declaration Public, Public Confidence
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Hyderabad High Court Rejects Plea Seeking Declaration of Jayalalithaa's Assets as Public Properties(21.12.2016)
Hyderabad High Court has dismissed a plea filed by a city-based organisation seeking declaration of late J Jayalalithaa's assets located in Telangana .....
Tags : Hyderabad High Court, Jayalalithaa's assets
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Punjab and Haryana HC Refuses to Stay Langah's Conviction in DA Case(22.12.2016)
Punjab and Haryana High Court has refused to stay SAD senior leader Sucha Singh Langah's conviction in a disproportionate assets (DA) case.
Tags : Punjab and Haryana HC, Sucha Singh Langah, disproportionate assets
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Supreme Court: Chief Judicial Magistrates Competent to Deal With Applications U/s 14 SARFAESI Act(24.09.2019)
In an important ruling, SC has held that a Chief Judicial Magistrate is equally competent to deal with the application moved by the secured creditor u.....
Tags : Supreme Court, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Chief Judicial Magistrate
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Delhi HC Issues Notice on Plea by Decree Holder Seeking Attachment of Assets of Judgment Debtor(25.08.2021)
Delhi High Court has issued notice on a plea by a decree holder (KLA Const. Technologies) seeking attachment of moveable and immovable assets of the j.....
Tags : Delhi High Court, Attachment of Assets of Judgment Debtor
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Delhi HC: Charges Can be Framed Only on Material, Not on Speculation(09.08.2022)
Delhi High Court while quashing a trial court order that had framed charges against a chartered accountant in a disproportionate assets case, has held.....
Tags : Delhi High Court, Charges, Disproportionate Assets Case
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Supreme Court Asks Karnataka Government to Wait For One Week in Jayalalithaa DA Case(06.02.2017)
Supreme Court has asked Karnataka Government to wait for another week for judgment on appeals filed by State against acquittal of Former Tamil Nadu Ch.....
Tags : Supreme Court, Karnataka Government, Jayalalithaa, disproportionate assets
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Madras HC Directs TNSEC to Submit Assets Declarations of all Elected Councillors(01.12.2016)
Madras High Court has directed Tamil Nadu State Election Commission (TNSEC) to submit statements of declaration of assets made by all Elected Councill.....
Tags : Madras High Court, Tamil Nadu, Election Commission, Assets Declarations
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Bom. HC: Writing Off Bad Debt Can’t be Considered as Asset u/s 153A(1) of IT Act(07.09.2023)
Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of “income, represented in the form of an asset” under Section .....
Tags : Bombay High Court, Bad Debt, Asset, Income-Tax Act
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SC Publishes Assets and Liabilities of Judges on its Website(06.05.2025)
Supreme Court has published the list of assets and liabilities of the Judges on its website in order to show transparency and boosting public confiden.....
Tags : Supreme Court, Liabilities of Judges, Assets
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NCLAT: Claimants Must Prove Asset Ownership; Liquidator Need Not Establish Title of Assets in Custody(03.11.2025)
NCLAT, New Delhi, upheld the NCLT’s order permitting liquidators to remove movable assets from leased premises owned by Reliance Realty Limited, while.....
Tags : Claimants, Assets, Custody
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Supreme Court Seeks Action Plan on Recovery of Bad Loans(21.11.2016)
Supreme Court has said that disclosure of names of debtors, who owe Rs 500 crore or more to banks, will not lead "anywhere" as the important issue is .....
Tags : Supreme Court, Non-Performing Assets, disclosure, debtors
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SC: Time Limit Stipulation Mandating DM to Deliver Possession of Secured Asset Only Directory(06.11.2020)
Supreme Court has held that time limit stipulation in Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur.....
Tags : Supreme Court, Delivery of Possession of Secured Asset
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NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor(20.05.2025)
NCLAT New Delhi bench has held that Interim Resolution Professional (IRP) has the authority to take possession of assets owned by the Corporate Debtor.....
Tags : NCLAT New Delhi, Corporate Debtor, Possession of Assets
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Delhi HC: Larger Bench to Decide Whether Section 149(1)(c) of IT Act Applies Retrospectively(04.06.2025)
A larger bench of Delhi High Court is set to decide whether Section 149(1)(c) of the Income Tax Act, 1961 providing an extended period of reassessment.....
Tags : Delhi High Court, Section 149(1)(c), Foreign Assets
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Kerala HC Stays Trial against ADGP Ajithkumar in Disproportionate Assets Case(27.08.2025)
Kerala HC has stayed proceedings against ADGP M.R. Ajithkumar in a disproportionate assets case, noting procedural illegality in the Special Judge’s o.....
Tags : Kerala HC, Disproportionate Assets, Vigilance, Prevention of Corruption Act
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