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Apr 25 2013

State of J and K and Another Vs. Lakhwinder Kumar and Others

Court : Supreme Court of India

Decided on : Apr-25-2013

Subject : Criminal

Acts : Ranbir Penal Code (IPC) - Section 302, 109, 201; Border Security Force Act, 1968 - Section 80, 2(1)(a), 47, 141(1), 141(2); Jammu and Kashmir Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1983 - Rule 7, 41; Constitution of India - Article 136

judicial custody. He went on to say that in exercise of his discretion under Section 80 of the Border Security Force Act, 1968 (hereinafter referred to as “the Act”) he has decided to institute proceeding against them before the Security Force … (2) of the Act has made the Border Security Force Rules, 1969, hereinafter referred to as “the Rules”. Chapter VI of the Rules is in relation to choice of jurisdiction between Security Force Court and criminal court. … Annual Medical Examination at Composite Hospital, Humhama. While on way back at 4.40 P.M. to the Force Headquarters at Nishat, Srinagar, accompanied by other Force

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Apr 25 2013

State of J and K Vs. Lakhwinder Kumar and ors.

Court : Supreme Court of India

Decided on : Apr-25-2013

Subject : Education

judicial custody. He went on to say that in exercise of his discretion under Section 80 of the Border Security Force Act, 1968 (hereinafter referred to as “the Act”) he has decided to institute proceeding against them before the Security Force … (2) of the Act has made the Border Security Force Rules, 1969, hereinafter referred to as “the Rules”. Chapter VI of the Rules is in relation to choice of jurisdiction between Security Force Court and criminal court. … Annual Medical Examination at Composite Hospital, Humhama. While on way back at 4.40 P.M. to the Force Headquarters at Nishat, Srinagar, accompanied by other Force

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Mar 31 1989

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Decided on : Mar-31-1989

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 … apart from the power conferred upon the Security Force Court under Section 48 of the said Act for imposition of punishment of dismissal from service … 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

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Mar 20 2002

Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Decided on : Mar-20-2002

Subject : Service

Acts : Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 9 and 14A; ;Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1998; ;Constitution of India - Articles 14 and 16

Reported in : 2003(3)JKJ73

dated 27.5.1998, purportingly issued in exercise of the powers conferred by Sub-section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of … as under:'(3) These rules shall apply to all persons subject to the Act: Provided that the provisions of Chapter IV thereof shall not apply to persons belonging to the All India Services and other Government servants who … but not in any case beyond the age of fifty eight years.' 4. By another Notification of the Ministry of Home Affairs, G.S.R. 273 (E),

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Apr 18 2013

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

Decided on : Apr-18-2013

Subject : Land Acquisition

234, 235 and 236 thereof. In the case at hand, the offences complained of have arisen under the Border Security Force Act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete Code as regards the offences, as … trial since the nature of the charges do not conform to the requirements of Rule 53 (1) of Chapter VIII of the Border Security Force Rules, 1969 relating to charges and matters antecedent to trial. The relevant … according to the petitioner, although the mandatory caution in terms of Rule 48 of the BSF Rules was administered to him, his statement was not

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Feb 06 2014

Rama Kant Shukla Vs. Union of India and anr.

Court : Delhi

Decided on : Feb-06-2014

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 … other officers as may be appointed by the Central Government. xxxxxx Section 48. Punishments awardable by Security force Courts - (1) Punishments may be inflicted … 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

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Aug 18 2015

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

Court : Guwahati

Decided on : Aug-18-2015

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 … and accordingly strict disciplinary action was recommended against the two errant personnel. 4. The proceeding of the Court of Inquiry was partially approved by the

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Mar 02 1994

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

Court : Kerala

Decided on : Mar-02-1994

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 … in the class and behaved with the teacher in a manner not expected from a student.' (Annexure A 4) (4) 'Complaint regarding the conduct of the first respondent was received by the appellant from two other teachers

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Jan 19 1995

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

Court : Supreme Court of India

Decided on : Jan-19-1995

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 … purpose of seniority in the manner indicated therein. Respondents Nos. 3 to 445 in Civil Appeal No. 4127 of 1985 are such ECOs who were

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Feb 08 1990

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

Court : Madhya Pradesh

Decided on : Feb-08-1990

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 … redressal of a two-fold grievance complaining brazen violation by respondents 1 to 4 of Articles 14 and 16 of the Constitution and of statutory provisions

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