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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 … Nirmal Lakra & Anr. v. Union of India and the judgment dated 21st November, 2008 passed in LPA No.409/2004 Raj Kumar v. Union of India

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

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 … penalty before December 25, 1971. The appellant sent a telegram on December 21, 1971 but without any redress. On January 5, 1972 he received an … 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

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 … to 46. As per Annexure P/5. it is claimed, respondents Nos. 18, 21, 34 and 35 werepromoted as Inspectors when they had put in only

Union Of India Vs. Jogeshwar Swain

Court : Supreme Court of India

Subject : Land Acquisition

of an offence under Section 40 Civil Appeal Nos. 8629-8630 of 2014 Page 2 of 31 of the Border Security Force Act, 1968 (in short, “BSF Act, 1968”), that is for committing an act prejudicial to the good order and discipline … conferred upon it by Section 141 of the BSF Act, 1968, the Central Government notified BSF Rules, 1969. Chapter VII of the BSF Rules, 1969 deals with investigation and summary disposal. Rule 43 provides that where it … Court of Delhi at New Delhi (in short, “the High Court”), dated 21.02.2013, by which W.P. (C) No.17430 of 2006 filed by the respondent (the

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present case the relevant chapter is VII and commence with … matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … names you have heard read over?' -to which the accused answered 'No'. 21. The charge-sheet was then read out to the accused, explained to him

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … applies to a petition under Section 117(2) of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117 … Arora v. Union of India and Ors. Reported in 2009 (120) FLR 210 wherein it has been held that:If the basic principles of law have

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … applies to a petition under Section 117(2) of the Act also. We may also point out here that Chapter XIII consisting of Rules 167 to 169 of the BSF Rules deals with petitions filed under Section 117 … Arora v. Union of India and Ors. Reported in 2009 (120) FLR 210 wherein it has been held that:If the basic principles of law have

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Service

Acts : Constitution of India - Articles 14, 16, 21 and 226;; Border Security Force Act, 1968 - Sections 14, 16, 17, 40, 46,47, 74, 74(1)(2), 115, 116, 117 and 167(2);; Border Security Force Rules - Rules 51(2), 142(2), 143, 143(2), 145, 147, 148, 149, 157 and 159

Reported in : (1999)2CALLT107(HC)

Admittedly the charges against the petitioner came within the purview of section 16(d) and section 46 of the Border Security Force Act which read thus :--'16. Offences punishable more severely on active duty than at other times--any person subject to … purpose would mean trial in terms of the relevant rules governed by Chapter-11 of the Border Security Force Rules. In the instant case, according to … Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picauet without orders from his

Dr. Santosh Kumar Jha Vs. Central Bureau of Investigation

Court : Delhi

Subject : Land Acquisition

of the enquiry was of no legal consequence. Mr. Sinha submitted that there was no power under the Border Security Force Act, 1968 („BSF Act‟) for the BSF to have recorded the so-called confessional statement of the Appellant and it was … functioning of the BSF. It governs acts of misconduct and offences committed by the members of the BSF. Chapter III of the BSF Act deals with such offences. Section 41(e) describes one such offence when a member … IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 211 of 2008 Reserved on: July 25, 2014 Decision on: August 20, 2014