Nilesh Modi @NileshModi24

BCOM, LLB, ACA (Views expressed are personal & not of the organisation / E&OE. Seek advise from your expert consultant) linkedin.com/in/nilesh-modi… India Joined September 2012

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Nilesh Modi @NileshModi24

6 hours ago

Section 54 of Income-tax Act 1961: Does "one residential house" only mean "one residential unit"? Or, can "one residential house" include "several residential units"? Read an interesting analysis by @neelanjitdas in @etwealth + My POV economictimes.indiatimes.com/wealth/legal/w… via @EconomicTimes

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Nilesh Modi @NileshModi24

20 hours ago

Dowry cases: "...dragging...distant relatives into criminal prosecutlon, in the absence of clear particulars of harassment or dowry demand, would be nothing but a abuse of the process of law": Telangana High Court [Criminal Petition No 41 OF 2022: 2025:TSHC:28214]

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Nilesh Modi @NileshModi24

22 hours ago

Can the Same Court, decide the original Writ Petition, and also the Writ Appeal against the said order in the WP? 'NO' holds the SC. This goes against the very basic principles of judicial norms & propriety [ANDHRA PRADESH GRAMEENA VIKAS BANK vs UOI SLP(C) No 4366-4367/2025]

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Nilesh Modi @NileshModi24

22 hours ago

Arbitrator: "...if a person cannot be appointed an arbitrator being ineligible by operation of law, he cannot nominate another as a sole arbitrator" BHAYANA BUILDERS PVT LTD vs ORIENTAL STRUCTURAL ENGINEERS PVT LTD (2025 INSC 1073): See @CiteCase

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Nilesh Modi @NileshModi24

a day ago

Child Custody Disputes --> Writ of Habeas Corpus vs Guardians and Wards Act, 1890 When can a Writ of Habeas Corpus be issued? Important observations of Bombay High Court in Pravin Nathalal Parghi vs The State of Maharashtra [2025:BHC-AS:37140-DB]

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Nilesh Modi @NileshModi24

a day ago

Custody of Minor Child "The welfare of the child is the paramount consideration in custody matters": Bombay High Court Pravin Nathalal Parghi vs The State of Maharashtra [2025:BHC-AS:37140-DB]

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Nilesh Modi @NileshModi24

a day ago

Delhi Govt Policy conferring benefits upon persons who lost their lives while rendering essential services during COVID-19: "While examining applications under such beneficial policies, a narrow and pedantic view ought to be completely avoided" GIRIJA DEVI [2025:DHC:7710-DHC]

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Nilesh Modi @NileshModi24

a day ago

Arbitration Award: "The delivery by the Arbitral Tribunal and receipt by the party sets in motion several periods of limitation....": Supreme Court MOTILAL AGARWALA vs STATE OF WEST BENGAL [2025 INSC 1062]

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Nilesh Modi @NileshModi24

a day ago

Who is a “party” u/s 2(1)(h) of the Arbitration Act 199,6 to whom an award should be delivered? "...a person who has the knowledge and is the best person to understand and appreciate an award and....to take decision for its challenge" MOTILAL AGARWALA [2025 INSC 1062]

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Nilesh Modi @NileshModi24

a day ago

Arbitration --> Does the delivery of the copy of the award by the Tribunal & the receipt thereof by each party, constitutes an important stage in the arbitral proceedings? YES, holds the Supreme Court MOTILAL AGARWALA vs STATE OF WEST BENGAL [2025 INSC 1062]

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Nilesh Modi @NileshModi24

a day ago

Receipt of Arbitral Award "...the award should be received..by the person who has knowledge of the proceedings and who would be the best person to understand and appreciate the arbitral award as also to take a decision in...moving appropriate applications": SC (2025 INSC 1062)

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Nilesh Modi @NileshModi24

a day ago

Delivery of Arbitral Award: Is it a formality? NO, holds the Supreme Court: "....the delivery of an arbitral award under sub-section (5) of Section 31 is not a matter of mere formality. It is a matter of substance" MOTILAL AGARWALA vs STATE OF WEST BENGAL [2025 INSC 1062]

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Nilesh Modi @NileshModi24

a day ago

Will Supreme Court dismiss an SLP which is an abuse of process of the Court and/or which amounts to re litigation? Yes, holds the Apex Court [SC SLP (Civil) Diary No 36933/2025]: See @CiteCase

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Nilesh Modi @NileshModi24

a day ago

When the main judgment of the High Court cannot be affected in any manner, can relief be granted by the Supreme Court in the SLP filed against order rejecting review application to review the main judgment of the High Court? NO, says the SC [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

Supreme Court observes --> "This Court does not entertain a special leave petition in which no relief can be granted" [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

Is "Petitioner is entitled to a ‘second bite at the cherry’ by filing a subsequent SLP challenging the order of the High Court against which an SLP has already been dismissed"? NO, says the Supreme Court [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

There is a difference between "SLP dismissed as withdrawn" and "SLP dismissed": Supreme Court [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

"...under Order XLVII Rule 7 CPC, no appeal lies against the order passed by the High Court dismissing the review petition": Supreme Court [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

Review petition before High Court: Supreme Court observes --> "...a review petition is maintainable before the High Court after dismissal of the SLP by a non-speaking order" [SC SLP (Civil) Diary No 36933/2025]

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Nilesh Modi @NileshModi24

a day ago

Rule of Law: Supreme Court observes --> "...one of the foundation pillars of Rule of law" is "finality in litigation" [SC SLP (Civil) Diary No 36933/2025]