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Rama Kant Shukla Vs. Union of India and anr.

Court : Delhi

Subject : Land Acquisition

contention of the respondent on the other hand is that there is no requirement under provisions of the Border Security Force Act and Rules thereunder for the SSFC to give reasons while giving findings of guilty or not guilty and … the BSF Rules, 1969 is not applicable to the proceedings of the SSFC and that Rule 149 of Chapter 11 of BSF Rules, which deals with the proceedings before SSFC does not require the SSFC to give reasons … accused No.860020697 Const. Rama Kant Shukla of Arty Bat (HQ1011BSF Arty Regt), Charged with: CHARGE - I BSF Act 1968, Section 20 (a) ASSAULTING HIS SUPERIOR OFFICER In that he, at 2100 hrs on 21/6/95 at Gun Area

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), (4), 19, 48, 59 and 141; Border Security Force Rules, 1969 - Rules 6 and 177; Constitution of India - Article 311

Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)

dismissed from service by the Commandant by order dated January 5, 1972 in accordance with the provisions of Border Security Force Act, 1968 and the Rules framed thereunder.6. The Munsiff held that the plaintiff was given reasonable opportunity before the Commandant … the Constitution of India as no opportunity of hearing was given and the procedural safeguards as contained in Chapters VII to XI of the Rules were not followed for arriving at a decision of guilt against the … no such Court was constituted. The order passed by Commandant under Section 11(2) of the Act read with Rule 177 of the Rules of 1969

Balwinder Singh Vs Union of India and ors.

Court : Delhi

Subject : Border Security Force

Acts : Border Security Force Act, 1969 - Rule 53(2) ; Sections 40, 26, 117, 53, 5575

consider the statutory position with regard to persons subjected to the Border Security Force. Section 70 of the Border Security Force Act, 1968 (BSF Act hereafter) provides the constitution of a Summary Security Force Court (`SSFC' hereafter). It is permitted under … the procedure which is to be followed by it is statutorily prescripted under Rules 133 to 161 of Chapter XI of the BSF Rules, 1969. Essential procedural safeguards have been statutorily provided so as to ensure fairness … on the ground of illegality. As a result, by an order dated 11th October, 1996, the respondents reinstated the petitioner into service w.e.f. 8th September,

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the High Court directed remand in all the matters to the appellate authority under Section 117(2) of The Border Security Force Act, 1968 (hereinafter referred to as 'the Act' for short) for rewriting the order, giving reasons in support of the … directed remand in all the matters to the appellate authority under Section 117(2) of The Border Security Force Act, 1968 (hereinafter referred to as 'the … upon the rank of the officer holding the SSFC. The offences under the Act are as mentioned in Chapter III while Chapter IV deals with the punishments. Section 117 of the Act provides for remedy against order,

No.90006506 CT Gajen Gara Goyary Vs. The Union of India, Represented b ...

Court : Guwahati

Subject : Land Acquisition

the authorities. The various punishments awardable by the Security Force Court are specified in Section 48 of the Border Security Force Act, 1968 (hereinafter referred to as the BSF Act ) and apart from dismissal, other punishment options are available under … Thereafter a Summary Security Force Court Proceeding (hereinafter referred to as the Summary Court ) was started under Chapter-XI of the Border Security Force Rules, 1969 (hereinafter referred to as the BSF Rules ). The Summary Court … of interaction with the cattle smugglers is not ascribed to the petitioner. 11. As a result of the above discussion and noticing that the differential

Headmaster, Poilkav High School, P.O. Edakkulam Quilandy Vs. Murali A. ...

Court : Kerala

Subject : Constitution

Acts : Kerala Education Rules, 1959 - Rules 6 and 10; Constitution of India - Articles 14 and 226

Reported in : AIR1995Ker21

imported. It further held that the same ratio will apply to a petition under Section 117(2) of the Border Security Force Act, 1968. It is also pointed out that Chapter XIII consisting of Rules 167 to 169 of the B.S.F. Rules … itself. In that background the appellant filed this writ appeal incorporating certain documents (Annexures A 1 to A 11) which were not available at the time of hearing of the writ petition. The memorandum of writ appeal

Ravi Paul and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Central Reserve Police Force Rules, 1955 - Rules 8, 113(3) and 116; Border Security Force Act, 1968 - Sections 2, 4, 141(1), 141(2) and 142; Border Security Force Rules, 1969 - Rules 9 and 14(2); Border Security Force (Assistant Commandants) Recruitment Rules, 1969; Border Security Force (Assistant Commandants) Recruitment (Repeal) Rules, 1973; Border Security Force (Seniority, Promotion and Superannuation) Rules, 1978 - Rule 3; Constitution of India - Article 32

Reported in : JT1995(1)SC579; 1995LabIC405; 1995(1)SCALE261; (1995)3SCC300; [1995]1SCR419; 1995(2)SLJ205(SC); 1995(1)LC571(SC)

Assistant Principal Central Training College in the Central Reserve Police Force. On September 2, 1968, Parliament enacted the Border Security Force Act, 1968 (hereinafter referred to as the 'BSF Act') to provide for the Constitution and regulation of an armed force … the CRPF Rules') made under the provisions of the Central Reserve Police Force Act, 1949. For that purpose Chapter XV (Rules 112 to 116) was inserted in the CRPF Rules on December 21,1966. The said Chapter bears … Central Reserve Police Force Act, 1949. For that purpose Chapter XV (Rules 112 to 116) was inserted in the CRPF Rules on December 21,1966. The

Babu Joseph Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Border Security Force (Subordinate Officers and Under Officers Promotion and Seniority) Rules, 1975 - Rules 7, 8, 9, 13(2), 18(2), 19(1), 20, 119(1) and 129; Central Reserve Police Force Rules, 1955 - Rules 123, 124, 125, 136(5) and 136(6); Central Reserve Police Force (Amendment) Rules, 1967 - Rule 118; Constitution of India - Articles 14 and 16; Border Security Force Rules, 1969 - Rule 14A(2)

Reported in : 1990MPLJ417

and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142(1) the fact of prior existence of the … Rules, 1967 were applicable to the members of the B.S.F. comprising the Subordinate Officers, Under Officers and Constables. Chapter XV was inserted in the 1955 Rules, captioned 'Special Provisions Relating to the Border Security Force'. This Chapter … 'Special Provisions Relating to the Border Security Force'. This Chapter covers Rules 117 to 136 and indeed, subsequently in the 'New' or 1975 Rules, these

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80

Reported in : 2003(3)JKJ381

dismissed from service vide the impugned order dated 18.11.1999. This punishment was imposed under section 18(1) of the Border Security Force Act 1968. As far as the commission of offence under Section 376/452 RPC is concerned, the authority i. e. the … of the Act by the Commandant. The procedure adopted by the Summary Security Force Court is prescribed in Chapter IX. Rule 142 deals with general plea of 'Guilty' or 'Not Guilty'. Rule 142 of the Border Security

Anil Kumar Rai Vs. Union of India and ors.

Court : Delhi

Subject : Land Acquisition

by the General Security Force Court and the Petty Security Force Court. As per the scheme of the Border Security Force Act, 1908 & Rules thereunder, Rule 99 is mentioned in Chapter 9 which relates to Procedure for Security Force … The legislature has prescribed the procedure to be followed for conduct of a Summary Security Force Court in Chapter 11 of the Rules. Our attention has been drawn to Rule 149 in Chapter 11 which requires the Summary … 1999. By a charge-sheet dated 12th October, 1999, the following charges were issued against the petitioner:First Charge BSF Act 1968 Sec.20(a) Using Criminal Force to his Superior Officer In that he, at BOP Ranian on 4.1.99 at about