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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 … 111 gives a wide power to the confirming authority to mitigate, remit or commute the punishment awarded.72. Rule 106 of the Rules provides for confirmation and promulgation, which reads as follows:106. Confirmation and promulgation: (1) When a

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

appellant.27. In the said view of the matter, these appeals fail and thesame are dismissed. Service Law - Border Security Force Act, 1968 - Sections 52, 53, 75, 77 and 81 - B. S. F. Rules - 41, 45B, 51A, 53, … fact initiated a trialas contemplated under the above rule.22. Rules 53(2) to 106 which falls in Chapter 8 and 9 of theRules provides for procedure … order dated 8.7.1998 made by thelearned Special Judge, C.B.I., Patiala by which charges wereframed against the appellant under Sections 7 and 13(2) read withSection 13(1)(d) of the Prevention of Corruption Act, 1988. Theappellant sought for quashing of

Union of India and Others Vs. Andnd Singh Bisht

Court : Supreme Court of India

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 106; Constitution of India - Article 142; Indian Penal Code (IPC) - Sections 307; Code of Criminal Procedure (CrPC) - Sections 5 and 475

Reported in : 1996VIAD(SC)557; AIR1997SC361; (1997)1CALLT41(SC); 1996CriLJ4435; 1996(6)SCALE357; (1996)10SCC153; [1996]Supp5SCR306

Naik in the Border Security Force. For injuring one cadet Raj Kishore Singh, he was tried under the Border Security Force Act, 1968 and was convicted for the offence under Section 307 of the Indian Penal Code and was sentenced to

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 … and 39 and Sections 104 and 105 make a clear distinction between 'desertion' and 'absence without leave', and Section 106 prescribes the procedure to be followed when a person absent without leave is to be deemed to be

Commodore Narinder M. Pandit S/O Late Munshi Ram Arjundas Pandit Vs. t ...

Court : Mumbai

Subject : Criminal

Reported in : 2004(4)BomCR814; (2004)106BOMLR98

of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), The Border Security Force Act, 1968 (47 of 11968), the Coast Guard Act, 1978 (30 of 1978), and the National Security Guard Act, 1986 … of the petitioners were overruled and the Court Martial proceeded further. The petitioner was arraigned in terms of Section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.4. The contentions raised by

S. S. Rana vs.union of India & Ors.

Court : Delhi

Subject : Land Acquisition

October, 1990.13. On 31st January, 1994, the... Petitioner was issued a charge-sheet under Section 30 (b) of the Border Security Force Act, 1968 („BSF Act‟) alleging that while performing the duties of Quarter Master on 27th October, 1990, he conspired with … service” to the... Petitioner. These proceedings were again sent to the IG for confirmation in accordance with Rule 106 of the Border Security Force Rules, 1969 („BSF Rules‟), read with Section 108 of the BSF Act. On

Sunil Kumar Vs. Union of India and Ors

Court : Jharkhand

Subject : Education

consequent upon the Summary Security Force Court convicted the petitioner for the offence under section 40 of the Border Security Force Act, 1968 for ‘an Act prejudicial to good order and discipline of the Force’ and sentenced him to be dismissed … Court but annexure 2 at page 9 of the brief reads as under :- “ APPENDIX- IX (Rule 106 (08)) The finding and sentence of the Summary Security Force Court held at TC& S BBSF Hazaribagh on

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

Court : Supreme Court of India

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 … members of Border Security Force and nothing contained in Rule 105 or 106 or 108 shall apply to the members of any such force.(2) Save … Union for ensuring the security of the borders of India and for matters connected therewith. Sub-section (1) of Section 141 of the BSF Act empowers the Central Government to make rules for the purpose of carrying into

Head Const. Hardev Singh Vs. Union of India and Others

Court : Punjab and Haryana

Subject : Criminal

Acts : Constitution of India - Article 227; Border Security Force Act, 1968 - Sections 46, 107 and 108; Border Security Rules, 1969 - Rule 48; Indian Penal Code (IPC), 1860 - Sections 302, 304 and 304A; Evidence Act - Sections 24

Reported in : 2000CriLJ2585

months from the receipt of the Court order. The respondents defended the vires of the provisions of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969 and contended that the same were in accordance with the provisions … at Annexure P-6 was made in violation of Section 108 and Rule 106 of the Act and the Rules inasmuch as the confirmation was done … the charge-sheet dated 14th May, 1992. The charge-sheet was served on the petitioner for committing civil offence under Section 46 of the BSF Act, i.e. the offence of murder, punishable under Section 302 of the Indian Penal

Birender Singh Shekher Vs. Uoi and ors.

Court : Delhi

Subject : Education

the submissions of the parties. Section 10 WP (C) 5874/2000 Page 6 of the Border Security Force (BSF) Act, 1968 empowers the Central Government, subject to the provisions of the said enactment and Rules framed, to dismiss or … the said impugned order.2. The brief facts necessary for deciding the case are that the petitioner joined the Border Security Force (BSF) on 2.1.1995 as a probationer Assistant Commandant and was posted to Murshidabad, West Bengal. On 24.5.1997, the … the GSFC are received, the same has to be confirmed under Rule 106. It is only after following this procedure that the Central Government is