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Oct 18 2005

Union of India (Uoi) and ors. Vs. Ashok Kumar and ors.

Court : Supreme Court of India

Decided on : Oct-18-2005

Subject : ServiceCivil

Acts : Border Security Force Act, 1968 - Sections 10; Army Act, 1959 - Sections 19; Army Rules, 1954 - Rule 14; Border Security Force Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(4) and 20(5); Government of India (Allocation of Business) Rules, 1961 - Rule 2; Transaction of Business Rules, 1961 - Rule 8

Reported in : AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)

peculiar circumstances of the case, parties are directed to bear their respective costs. Service - Competent Authority - Border Security Force Act 1968, Section 10; Border Security Force Rules 1959, Rules 20(4), 20 (5); Government of India (Allocation of Business) Rules 1969 -

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Oct 19 2006

Jitender Singh (Ex. Head Const) Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Oct-19-2006

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 10, 12, 19 and 122; Border Security Force Rules, 1969 - Rules 14, 20, 22, 22(2), 22(3), 22(4) and 28A and 177; Constitution of India - Article 226

Reported in : 2009(93)DRJ108

writ petition is disposed of in the above terms, while leaving the parties to bear their own costs. Border Security Force Act, 1968Section 12 - Border Security Force Rules--1969--Rules 28A and 177--Dismissal for overstaying from leave--Administrative order--No enquiry conducted--Non compliance … of in the above terms, while leaving the parties to bear their own costs. Border Security Force Act, 1968Section 12 - Border Security Force Rules--1969--Rules 28A and 177--Dismissal for overstaying from leave--Administrative order--No enquiry conducted--Non compliance of … apply their mind to this most pertinent aspect of the case.8. Under Section 19(a) of the BSF Act, 'absent without leave' is an offence which … of. I am satisfied that his absence without leave with effect from 10.08.93 (FN) without any reasonable cause and his further retention in the Service

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May 27 2005

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : May-27-2005

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 10, 11, 11(2), 11(3), 11(4), 19 and 62; ;Border Security Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(6), 21, 22, 22(2), 28A, 48, 49, 167, 168, 170 to 176 and 177; ;Border Security Force Rules, 1968 - Rules 20, 21, 22(2) and 177

Reported in : 2005(3)JKJ159

Dias non. This order has been challenged on the ground that no inquiry under Section 62 of the Border Security Force Act, 1968 read with rules 170 to 176 of the Border Security Rules, 1969 was held against him. He was … removal of persons other than officer on account of misconduct. Admittedly the petitioner is not an officer. Therefore, Section 10 of the BSF Act 1968 and Rules 20, 21 of the BSF Rules have no application to the

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Sep 07 2007

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

Court : Karnataka

Decided on : Sep-07-2007

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 … the Central Government may dismiss or remove from service any person subject to the Act in terms of Section 10 of the Act. Powers of dismissal, removal or reduction in rank are also conferred on the Director General

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Jun 15 2005

Constable Basavaraj Vs. the Union of India (Uoi) and ors.

Court : Karnataka

Decided on : Jun-15-2005

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 117 and 117(2); Constitution of India - Articles 225 and 311; Border Security Force Rules

Reported in : [2005(107)FLR468]; ILR2005KAR3513

Petitioner from service on the ground that he was found guilty of charge under Section 20(a) of the Border Security Force Act, 1968 (in short, 'the Act').2. The Petitioner has prayed for the following reliefs:-(a) to quash the order of dismissal

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Oct 17 1996

B.V. Ramnarayan Vs. State Bank of India, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Oct-17-1996

Subject : Labour and Industrial

Acts : State Bank of India (Supervising Staff) Service Rules - Rule 92; Border Security Force Act, 1968 - Sections 11(2)

Reported in : 1996(4)ALT753; (1997)ILLJ1007AP

in the Border Security Force was dismissed from service by the Commandant acting under Section 11(2) of the Border Security Force Act, 1968 on the ground that he was a deserter, without holding enquiry. Before the Supreme Court, the questions were … his decision and to give him a suitable posting in the city on compassionate humanitarian grounds. On August 10, 1983, the petitioner again submitted another letter to the Regional Manager by registered post referring to the earlier

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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 … BSF informing him that he had been dismissed from service. On January 10, 1972 the appellant again prayed for permitting him to join his service … February 3, 1972. No relief was granted to him.4. The appellant as plaintiff after serving a notice under Section 80 of the CPC and as no redress was given to him, filed Title Suit No. 33 of

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Apr 25 2006

Prosenjit Kundu Vs. the Presiding Officer, General Security Force Cour ...

Court : Delhi

Decided on : Apr-25-2006

Subject : Criminal

Acts : Army Act, 1950; Army Rules; Navy Act, 1957; Air Force Act, 1950; Evidence Act - Sections 32; Constitution of India - Articles 21, 32, 226 and 227; Border Security Force Act - Sections 117(2) and 130; Border Security Force Rules; defense Service Regulations

Reported in : 2006(88)DRJ856

of the Director General, BSF rejecting the statutory petition filed by the petitioner under Section 117(2) of the Border Security Force Act, and a writ, order or direction in the nature of mandamus to reinstate the petitioner with all consequential … to be tried by the General Security Force Court on the following charge framed under Section 46 BSF Act, 1968 read with Section 302 of the Indian Penal Code.The accused No. 96122002 Constable Prosenjit Kundu of 70 Battalion, … the department in support of its case had examined as many as 10 witnesses, the two star witnesses of the prosecution, namely, PW-3 Ct.Virender Pathak

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Sep 07 2006

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Decided on : Sep-07-2006

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

and legislative intent, the Apex Court held that the authority which disposed of a post-confirmation petition under the Border Security Force Act, 1968 and rules framed there under is not a court and every order passed administratively cannot be subjected to … far as several comparable statutory provisions which inter alia, include, Section 92 of the Code of Civil Procedure; Section 10 of the Industrial Disputes Act, 1947; Section 197 of the Code of Criminal Procedure etc where the authorities

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Jun 03 2010

Balwinder Singh Vs Union of India and ors.

Court : Delhi

Decided on : Jun-03-2010

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 … charge. In this behalf Mr. Amit Kumar, learned counsel places reliance on the pronouncement of this court in 102 (2003) DLT 415 (DB) Nirmal Lakra & Anr. v. Union of India and the judgment dated 21st November,

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