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Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 40, 45(B), 46, 48, 89, 107, 108 and 117; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Prevention of Corruption Act, 1987 - Section 13(1) and 13(2); ;Border Security Force Rules, 1969 - Rules 45B, 48, 51, 51A, 59, 73 and 167; ;Prevention of Corruption (Amendment) Act, 1998 - Section 13; ;Army Act - Sections 52 and 63; ;Evidence Act; ;Constitution of India - Articles 226 and 227; ;Army Rules - Rules 22 and 149; ;Defence Service Regulations; ;Code of Criminal Procedure (CrPC)

Reported in : 2006(2)JKJ255

he was convicted and sentenced accordingly. The sentence being subject to confirmation by the confirming officer under Sections 107 & 108 of the Border Security Force Act, 1968 same was confirmed by the Inspector General, BSF and … of Smuggling Activities Act, 1974 could not be established and a fresh charge under Section 46 of the Border Security Force Act, 1968 for committing offence in terms of Section 13(1)(e) of the Prevention of Corruption Act, 1988 came to be

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 4, 87, 107, 117 (2) and 118; Constitution of India - Articles 14, 217, 226 and 227; Army Act, 1959 - Sections 164(2); Border Security Force Rules - Rules 167 to 169

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

J.1. Whether a personal hearing is required before disposing of a petition filed under Section 117(2) of The Border Security Force Act, 1968 ('Act' for short) against an order of the Summary Security Force Court? This in short is the question … of this appeal it may not be necessary to go into the details of this procedure. As per Section 107 no finding or sentence of a Security Force Court shall be valid except so far as it may

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 … case of the petitioner that findings of the Security Force Court have not been confirmed as required under Section 107 of the BSF Act and the punishment awarded to the petitioner is without jurisdiction. It is also pleaded

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Constitution

Reported in : 1978(11)WLN435

working as Accountant-cum-Cashier in that year The petitioner was prosecuted for misappropriating property under Section 30 of the Border Security Force Act, 1968 (47 of 1968)(hereinafter referred to as the Act'), during the year 1975-76. He was convicted by the General … the following two grounds only:(1) that the findings and sentence of the Court were not confirmed according to Section 107 and 108 of the Act and there being violation of these provisions, the findings and sentence of the

Union of India (Uoi) and ors. Vs. B.N. Jha

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Rules, 1969 - Rules 16(7), 45B and 46; Constitution of India - Articles 136 and 226; Army Act; Border Security Force Act - Sections 2(1), 5, 14 to 45, 48 and 141; Navy Act; Armed Forces Act

Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);

for interfering with the impugned judgment in exercise of jurisdiction under Article 136 of the Constitution of India.; Border Security Force Act, 1968 Sections 5, 41, 48, 49, 64, 65, 68, 72, 107 and 108 - Border Security Force Rules, 1969 … the description referred to in that provision;2(1)(h) 'Deputy Inspector-General' means a Deputy Inspector-General of the Force appointed under Section 5;2(1)(n) 'Inspector-General' means the Inspector-General of the Force appointed under Section 5;5. Control, direction etc. (1) The general

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

Subject : Constitution

Acts : Border Security Force Act, 1969 - Section 117(2); Constitution of India - Articles 226, 227

the finding and sentence of the Security Force Court in terms of the provisions of Section 107 of Border Security Force Act, 1968. 20. Aggrieved by the finding and sentence awarded by the Security Force Court which stood confirmed by the

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

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 … by warrant of the Director General. 24. Confirmation and Revision are provided in Chapter VIII of the Act. Section 107 of the Act lays down :- 'No finding or sentence of a General Security Force Court or a

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 … presumption as to certain documents, evidence of previous conviction etc. Chapter VIII provides confirmation and revision of sentence. Section 107 prohibits operation of the sentence of finding unless confirmed as provided under the Act. Section 111 empower the

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 … 27.10.2000Brought a local womanto NakaMachan, while performingambushDuty in the area of BOPLachugachhOn International BorderwithBangladesh.BSF ACT BSF ACT 1968 SECTION-26SECTION -26 INTOXICATIONCHARGE-IIIn that he,At about 22.30 hrs.on 27.10.2000,While an ambush dutyin area ofBOP Lachugachh foundin a stateof intoxication2. … of Randhir Singh v. Union of India reported in 1999 (2) C.L.T. 107. The learned Counsel also submitted that even if a Rule does not