AI Overview...
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Necessity of informing grounds of arrest - The Supreme Court in Pankaj Bansal emphasized that the grounds of arrest must be furnished in writing, and prior oral communication was deemed compliant before the judgment. Post-judgment, the Court clarified that non-furnishing of grounds in writing till the date of the judgment was not illegal, highlighting the importance of formal documentation. Neeraj Singal VS Directorate of Enforcement - Delhi, Arvind Rajta VS Directorate of Enforcement Office - Himachal Pradesh
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Judicial scrutiny of the Pankaj Bansal judgment - Several courts have examined whether the judgment in Pankaj Bansal applies prospectively or retrospectively. The Supreme Court, in its recent judgment (October 2023), used terms like ‘henceforth’ to indicate prospective application, marking a shift from earlier practices under the precedent of Chaggan Bhujbal. Naresh Goyal through his next of kin i. e. wife Anita Goyal VS Directorate of Enforcement, Mumbai Zone II Office - Crimes, Neeraj Singal VS Directorate of Enforcement - Delhi
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Impact on related cases and legal principles - The judgment has been referenced in various contexts, including rent disputes, money laundering cases, and procedural legality of raids. Courts have relied on Pankaj Bansal to assess the legality of arrest procedures, the framing of grounds, and procedural compliance, emphasizing its significance in criminal and civil jurisprudence. Jugal Kishore VS Ramesh Kumar - Allahabad, Pharisa Promrin VS State of Rajasthan - Rajasthan, Pharisa Promrin VS State of Rajasthan - Crimes, Mona D/o Md Subhan VS State of Rajasthan Through P. P. - Rajasthan
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Legal interpretation and application - The judgment underscores the importance of adhering to procedural safeguards, especially the requirement to furnish grounds of arrest in writing, aligning with constitutional protections. Courts have distinguished between oral and written communication, with the latter being mandated for legality post-Pankaj Bansal. Neeraj Singal VS Directorate of Enforcement - Delhi, Arvind Rajta VS Directorate of Enforcement Office - Himachal Pradesh
Analysis and Conclusion:
The Pankaj Bansal judgment is a landmark ruling that clarified the procedural requirements for arrest, particularly emphasizing the necessity of furnishing grounds in writing. It established that prior oral communication was compliant before the judgment but mandated formal documentation thereafter. The judgment's prospective application has been affirmed by the Supreme Court, influencing a broad spectrum of legal proceedings. Courts continue to rely on this decision to uphold procedural safeguards, ensuring constitutional rights are protected during arrest and detention.
Search Results for "Pankaj Bansal Judgment"
2024 0 Supreme(Del) 87 • India - Delhi
VIKAS MAHAJAN
Bansal decision. ... necessity of informing the arrestee of grounds of arrest, stating that oral communication of such grounds was compliant before the Pankaj ... After the pronouncement of judgment in Pankaj Bansal (supra), on an oral mentioning by the parties, the matter was listed again and the parties were heard on the limited aspect as to whether the said decision is prospective in its application. ... Hence non furnishing of grounds of arrest in writing till the date of pronouncement of ....
2014 0 Supreme(All) 3108 • India - Allahabad
PANKAJ MITHAL
JUDGMENT ... Pankaj Mithal,J. ... Heard Smt. Rama Goel Bansal and Sri A.N. Bhargawa, learned counsel for the parties in both the writ petitions. ... 2. ... The above two writ petitions are directed against the judgment and order of the SCC dated 15.11.2006 and of the revisional court dated 16.9.2008 by which the suit of the landlord for arrears of rent and eviction against the tenant has been decreed. ... Rama Goel Bansal, learned counsel for the tenant is that there was no intention on part of the tena....
2024 0 Supreme(HP) 253 • India - Himachal Pradesh
VIRENDER SINGH
Paras 32 to 35 of the judgment, in Pankaj Bansal’s case (supra), are reproduced, as under: “32. ... Hence non furnishing of grounds of arrest in writing till the date of pronouncement of judgment in Pankaj Bansal case could neither be held to be illegal nor the action of the concerned officer in not furnishing the same in writing could be faulted with. ... As discernible from the judgment in Pankaj Bansal Case also noticing the inconsistent practice ....
• India - Crimes
REVATI MOHITE DERE, GAURI GODSE
As noted above, the Apex Court vide judgment dated 3rd October 2023 in Pankaj Bansal (supra), has used the words ‘henceforth’ and ... The law that held the field till Pankaj Bansal (supra), with respect to serving the grounds of arrest was Chaggan Bhujbal (supra) ... Reliance was placed on the Apex Court judgment in V. Senthil Balaji (supra) by both, Mr.
2023 0 Supreme(Del) 5432 • India - Delhi
SWARANA KANTA SHARMA
Enforcement Directorate - Prevention of Money Laundering Act, 2002 (PMLA) - Section 3, Section 4, Section 19, Section 45 - The judgment ... Final Decision: The petition was dismissed, and it was clarified that the judgment did not express an opinion ... It is also argued that in view of the decisions of Hon'ble Apex Court in Pankaj Bansal (supra) and V. Senthil Balaji v. ... It is stated that the judgment in case of Pankaj Bansal (supra) relates to setting aside of a....
2014 0 Supreme(All) 3609 • India - Allahabad
SUDHIR AGARWAL
JUDGMENT ... Sudhir Agarwal, J. ... 1. Heard Sri Pankaj Agrawal, learned counsel for the petitioner and Smt. Rama Goyal Bansal, Advocate for respondent. ... 2. ... Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") was rejected by Prescribed Authority vide judgment dated 11.04.2002 and thereagainst petitioner's appeal has also been dismissed by Additional District Judge, Court No. 9, Aligarh vide judgment ... There is nothing which may jus....
2023 0 Supreme(P&H) 1721 • India - Punjab and Haryana
RITU BAHRI, MANISHA BATRA
The company M/s M3M India Limited was founded by the petitioner Basant Bansal and one Roop Kumar Bansal and the petitioner Pankaj Bansal was also a Director in this group of companies. Sh. Lalit Goyal had been arrested and was subsequently given concession of bail. ... The petitioners Pankaj Bansal and Basant Bansal have filed these petitions challenging vires of Judgment Ms. Ritu Bahri, J. ... In this context, he relied upon a Constitution Bench ....
2019 0 Supreme(Raj) 690 • India - Rajasthan
PUSHPENDRA SINGH BHATI
The Court relied on the precedent of Pankaj Bansal & Anr. vs. ... They relied upon the judgment of this Court in the case of Pankaj Bansal & Anr. vs. State of Rajasthan reported in 2018 (1) Cr.L.R. (Raj.) 1, which reads as under:- "Heard learned counsel for the parties. ... Ranu Sharma who has conducted raid in the case of Pankaj Bansal (supra) was unlawful but the present Circle Officer's raid is lawful. ... Heard learned counsel for the parties and perused the mater....
• India - Crimes
PUSHPENDRA SINGH BHATI
They relied upon the judgment of this Court in the case of Pankaj Bansal & Anr. vs. State of Rajasthan reported in 2018(1) Cr.L.R. (Raj.) 1, which reads as under:- “Heard learned counsel for the parties. Perused the material available on record. ... Learned P.P. has not been able to distinguish the facts in the present case from the precedent law of Pankaj Bansal (supra). ... Heard learned counsel for the parties and perused the material available on record as well as the precedent law of Pan....
2018 0 Supreme(Raj) 419 • India - Rajasthan
KANWALJIT SINGH AHLUWALIA
In support of above arguments, the learned counsel for the petitioner has relied upon the judgment rendered by the coordinate Bench of this Court at Principal Seat at Jodhpur in Pankaj Bansal & Anr. vs. State of Rajasthan, SB Criminal Misc. (Petition) No. 878/2017, decided on 30.11.2017. ... Therefore, reliance placed upon the judgment rendered by the Single Judge of this Court at Principal Seat at Jodhpur in Pankaj Bansal’s case (supra), is misplaced as same is judgment on its own fac....
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