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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 Gauhati High Court on July 15, 1987 in Second Appeal No. 22 of 1981 reversing the judgment and decree dated July 24, 1981 made … 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

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 … Headmaster and District Educational Officer dismissing a pupil, in exercise of the powers of this court under Article 226 of the Constitution.2. By Ext. P 2 show cause notice issued to the father of the student, it

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 … Border Security Force which came to be rejected by an order dated 22 nd November, 2000.10. The petitioner assailed these orders against him, by way … 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

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 … The appellants have also challenged the order of the High Court dated 22.11.2013, by which the review petition of the appellants seeking a review of

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 … challenge is that the learned Single Judge exceeded his jurisdiction under Article 226 of the Constitution on India in reappraising the evidence adduced before the

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 … ORDERAND DISCIPLINE OF THE FORCEIN THAT HE,At about 22.30 hrs.on 27.10.2000Brought a local womanto NakaMachan, while performingambushDuty in the area of

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 … ORDERAND DISCIPLINE OF THE FORCE IN THAT HE,At about 22.30 hrs. on 27.10.2000 Brought a local woman to Naka Machan, while performing

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 113, 114 and 115; CCS(CCA) Rules, 1965 - Rule 15(2); Board Security Force Rules, 1969 - Rule 160

and perused, the records. 6. Admittedly, for commission of civil offence as defined under Section 46 of 'the Border Security Force Act, 1968' (shortly the Act), the SSFC was assembled to enquire/try the petitioner on the charge framed and after recording … (Annexure-6). 8. Mr. Bhattacharjee, learned senior counsel appearing on behalf of the petitioner having referred the provision of Chapter VIII under the caption 'CONFIRMATION AND REVISION' of the Act submits that under Section 113 of the Act, … 1. By this writ petition under Article 226 of the Constitution of India, the petitioner challenged the order of dismissal

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 … or in the name of his father to the extent of Rs. 22,32,285.50. The value of the disproportionate assets worked out to the extent of

Suvina B. Redkar Vs. Government of Goa and ors.

Court : Mumbai

Subject : Civil

Acts : Goa, Daman and Diu Town and Country Planning Act, 1974 - Sections 18(1) and 18(3); Constitution of India - Articles 14, 19 and 24

Reported in : 1991(4)BomCR695

the legislation and administration as observed by H.W.R. Wade in his book on 'Administrative Law' (VIth Edition) in Chapter 22, at page 847, on delegated legislation. He has also observed that although the old fashioned view looks upon … in mind that as regards Administrative legislation there is only a hazy border line between the legislation and administration as observed by H.W.R. Wade in … opportunity of being heard before he is removed from service, although the security of his tenure is affected by such abolition of post. See State … Act, 1974 (for short the Act) came into force sometime in 1975, the State Government issued a … were that the State Government was conferred with the power under section 256 of the Himachal Pradesh Municipal Act, 1968 to declare a notified area with respect to which the Municipal fund could be expended upon some or