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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 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 … under B. Company Commander Radhanagar. In 1971, he was granted leave from 25-10-71 to 30-10-1971 on account of the death of his father. As the

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 … in the Record of Evidence proceeding was over a week later, i.e. 25.06.2005. (5) No written record of the confession said to have been made

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 … to the aggrieved party and it may dispense with such a requirement. 25. In this context, the Supreme Court examined the provisions contained in Section

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, … the impugned order of dismissal from service is without jurisdiction. 3. On 25.4.2001 notice of motion was issued returnable within a month and it was

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 … OF DELHI AT NEW DELHI CRL.A. 211 of 2008 Reserved on: July 25, 2014 Decision on: August 20, 2014 DR. SANTOSH KUMAR JHA ..... Appellant

Sripurna Chandra Nahak. Vs. Government of India and ors.

Court : Orissa

Subject : Criminal

Acts : Border Security Force Act - Section 19 (b), 141, 11(2), 177, 11 Rules 177, 6; Central Civil Service (CCS) - Rule 41, 25.

for grant of minimum pension despite the fact that the petitioner has completed 16 years of service in Border Security Force (hereinafter referred to as 'the B.S.F.') and, thereafter, he has been dismissed from service on the ground of … Force for passing the impugned order of dismissal for an offence made under section 19 of the B.S.F. Act, 1968 following the procedure contained in Chapters- VIII to XI of the Rules framed under section 141 of the … section 19 of the B.S.F. Act, 1968 following the procedure contained in Chapters- VIII to XI of the Rules framed under section 141 of the … purpose in accordance with Government of India's decision No. (1) below Rule 25 of C.C.S.(Leave) Rules, 1972 . Hence, it was contended that there is

Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...

Court : Karnataka

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 6, 9, 10, 11, 14 to 46, 48, 48(1), 49, 50, 64, 70 and 117; Central Police Act, 1949; Army Regulations; Army Rules; Central Civil Services Pension Rules - Rule 25; Pension Rules - Rules 3 and 25; Constitution of India - Articles 22 and 311

Reported in : 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)

dismissed.34. Petitioner is a Member of the Border Security Force which is a paramilitary force created under the Border Security Force Act, 1968. This Force was part of Central Police Act, 1949. It was given a separate identity as Border Security … on the Director General and other Officers of the Force under Section 11 of the Act.35. This apart, Chapter-III of the Act, particularly Sections 14 to 46 of the Act indicate various types of offences which are … communicated by the DIG [HQ] FHQ vide their L/No. 50/215/Estt-II/DIG (HQ].FHQ/2006/14270 dated 25.8.2006 and in turn was so communicated to the petitioner as per communication

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 … 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 … authority is required to give personal hearing as well as reasoned findings.34. Chapter XI of BSF Rules, 1969 lays down the procedure to be followed … (b) and 20 (c) of BSF Act. Accordingly, a charge sheet dated 25.7.1995 had been issued by Deputy Commandant, Officer Commanding, 1011, BSF, Artillery Regiment

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

Commissioner of Customs versus M/S Canon India Pvt. Ltd.

Court : Supreme Court of India

Subject : Right to Information

Reported in : [2024]12S.C.R.202

27.04.1974 which entrusted functions of customs officer to police officers in a particular jurisdiction and officers of the Border Security Force respectively. However, in the case of DRI officers, they would clearly fall under Sections 3, 4 and 5 … Functions of the Ministries/Departments of the Government of India “, 4th Edition, 1968, pages 68-70 (Annexure R XIII). As the work of Directorates of Inspection … or imposed on an officer of customs other than those specified in Chapter XV and section 108.” 224 [2024] 12 S.C.R. Digital Supreme Court Reports … of law; whether officers of DRI are the proper officers for the purposes of s.28 of the Customs Act, 1962; whether the introduction of s.28(11) vide the Validation Act of 2011 which retrospectively validates the show cause … v. Union of India (2016) SCC Online Del 2597 - disapproved. Commissioner of Customs v. Sayed Ali