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Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : CriminalConstitution

Acts : Army Act, 1950 - Sections 101; Borders Security Force Rules, 1969 - Rule 40; Constitution of India - Article 21

Reported in : 2003CriLJ3999

to two years or such less punishment as is in the Act mentioned. 13. Section 28 of the Border Security Force Act, 1968 is also a verbatim reproduction of Section 50 of the Army Act. Section 50 of the Army Act … 2 and 3 for permission to meet the detenu, but he was not allowed to see him. Under Section 101(1) of the Army Act, 1950 ('the Act' for brevity) it is the duty of the officer taking a

Ex. L/Nk Vimal Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 26, 48, 70 and 117(2); ;Army Act; ;Army Rules - Rules 115, 115(2), 115(2A) and 125; ;Navy Act; ;Armed Forces Act; ;Border Security Force Rules, 1969 - Rules 33(2), 43, 45, 45B, 46, 48(3), 49, 51, 62, 81, 81(3), 101, 101(3), 142, 142(2) and 157; ;Border Security Force Rules, 1965 - Rules 48(3), 49(2) and 49(3); ;Constitution of India - Article 14

(hereinafter referred to 'SSFC' for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to 'BSF Act' for brevity) and the sentence of dismissal from service. The petitioner also assails … character and in mitigation of punishment; (b) address the court in mitigation of punishment, (c) proceed under Rule 101 when Sub-rule (3) has been complied with. In accordance with Rule 101, the court shall take evidence of

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80

Reported in : 2003(3)JKJ381

dismissed from service vide the impugned order dated 18.11.1999. This punishment was imposed under section 18(1) of the Border Security Force Act 1968. As far as the commission of offence under Section 376/452 RPC is concerned, the authority i. e. the … the same day. Since the petitioner was serving in Border Security Force, Dy. Inspector General. Station Headquarter, BSF CI (OPS) Ramban moved an application dated 26.10.1998 before the Sessions Judge, Udhampur with a request to hand over

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Subject : Service

Reported in : 2000(2)WLN635

the appellant is that mens rea is a necessary ingredient of the offence under Section 40 of the Border Security Force Act, 1968. Section 40 reads:40. Violation of good order and discipline-Any person subject to this Act who is guilty of any … Where the original finding was one of 'Not Guilty' the Court shall, before passing sentence comply with Rules 101 and 102.(4)(a) Where the sentence alone is sent back for revision, the revision order shall be read in

P.B.Bansal Vs. Uoi and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act 1968 - Sections 108, 11(1)

the trial was sent to the Inspector General BSF for confirmation as contemplated by Section 108 of the Border Security Force Act 1968 (hereinafter referred to as "The Act"). Vide order dated 28.04.1995, exercising powers under Section 113 of the Act, … he denied the charges levied upon him and alleged mala fide on behalf of the JAD, Vigilance and CI.5. The General Security Force Court returned a verdict of guilty qua the first and fifth charge and exonerated

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

Court : Guwahati

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 … same punishment as the Head Constable. 7. Mr. S. Chouhan, learned counsel refers to Sub-Rule (4) of Rule 101 of the BSF Rules to project that mitigating factors should have been considered by the Authorities before deciding

Murari Kumar Singh vs Union of India & Anr.

Court : Delhi

Subject : Right to Information

the service with full salary.”2. The facts as noted from the writ petition are that the petitionerenrolled in Border Security Force (‘BSF’, for short) as Constable on 31.03.2008. During his service, he was awarded commendation certificate for operational achievement … day, he was informed that, he has been held guilty of charges under Section 40 of the BSF Act, 1968 for firing 01 round without any provocation and under Section 22(e) of the Act for being in the … duty w.e.f. 2400 hrs to 0600 hrs and evening OP duty w.e.f. 101200 hrs to 101800 hrs in the AOR of BOP Elendry, 'D' Coy,

Janardan Sharma Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Navy Act 1957; Constitution of India - Article 226

in Force Custody and reduced his rank from Head Constable to Constable.16. As per Section 107 of The Border Security Force Act 1968 a finding or sentence by a Security Force Court has to be confirmed and a revision also lies … Where the original finding was one of "Not Guilty", the Court shall, before passing sentence comply with rules 101 and 102.(4)(a) Where the sentence alone is sent back for revision, the revision order shall be read in

Lavito Sema Vs. Union of India

Court : Guwahati

Subject : Criminal

order dated 6.7.09 (Annexure-XXXI), by which the Govt. of India in the Ministry of Home Affairs, Directorate General, Border Security Force has rejected the petition submitted by the petitioner against the aforesaid orders. The orders so passed is pursuant … filed by the petitioner against the order of confirmation under the provisions of Section 117(2) of the BSF Act, 1968. (2.) The petitioner while was serving as Head Constable in BSF, he was tried by a GSFC in … at about 0730 hrs on 21 st Feb'2006 in a hut near CI post, Akash Bridge, the Court was inclined to believe the testimony of

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 … matters except as regards the statement allowed by sub-rule (3) of rule 93 and sub-rule (4) of rule 101 or except so far as the Court permits him so to do.(4) When counsel appears on behalf of