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

Court : Supreme Court of India

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 … the charge-sheet on 05th of April, 2010 against both the accused for commission of offence under Section 302, 109 and 201 of the Ranbir Penal Code before the Chief Judicial Magistrate, Srinagar, whereupon an application was filed

The Superintendent and Remembrancer of Legal Affairs Vs. G. Majumdar

Court : Kolkata

Subject : Criminal

Reported in : 1978CriLJ80

to take note of certain facts and relevant laws touching the materials on record.6. Section 80 of the Border Security Force Act. 1968 says that when a Criminal Court and a Security Force Court have each jurisdiction in respect of an

Const. Jaibir Singh Vs. Union of India

Court : Delhi

Subject : Criminal

Acts : Border Security Force Act, 1969 - Rule 45; Indian Penal Code (IPC) - Sections 34, 149, 120B

u/s 20(a) i.e. using criminal force to his superior (first charge) and Section 26 intoxication (second charge) of BORDER SECURITY FORCE Act 1968. All the three accused persons pleaded not guilty of 1st charge and guilty of 2nd charge, hence competent … hrs on 11/05/03 struck with their fists on the face and neck of No.80005104 HC (CHM) Nizamuddin of 109 Bn BSFSECOND CHARGE INTOXICATION BSF ACT Sec 26In that they, At SHQ BSF Cooch Behar Azad Nagar Campus

Ajaib Singh Vs. Union of India

Court : Delhi

Subject : Service

Acts : Border Security Force Rules, 1969 - Rule 22

Reported in : 1997(40)DRJ710

petitioner the following order was passed on 9.7.1994 by the Commandant of 109 Bn. Border Security Force: 'WHEREAS,I have gone through the case of overstay … under challenge on numerous grounds, including the one that the same is contrary to the provisions of the Border Security Force Act and the Rules framed there under and the same has been passed without complying with the procedure prescribed … thereforee, dismiss him from service with effect from 9-7-94 (FN) in terms of Section 11(2) of the Bsf Act, 1968 read with Rule 177 of Bsf Rules 1969.(2)Period of absence from 19.11.1993 to 8.7.94 (AN) be treated as

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

Court : Supreme Court of India

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 … the charge-sheet on 05th of April, 2010 against both the accused for commission of offence under Section 302, 109 and 201 of the Ranbir Penal Code before the Chief Judicial Magistrate, Srinagar, whereupon an application was filed

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 … SSFC urged on behalf of the petitioner is a challenge to the same based on violation of Rule 109 which casts a duty on the court as well as prosecutor to ensure that the rights of the

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 … to such restrictions, reservations or conditions, as may be contained in any warrant issued under Section 108 or Section 109, a confirming authority may, when confirming the sentence of a Security Force Court, mitigate or remit the punishment

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … learned Single Judge was that the respondent was tried by General Security Force Court on a charge under Section 31(b) of the Border Security Force Act (for short the Act) namely :- without proper authority extract from … Frontier. The Prosecutor in the case was Mr. Shivaji Jadav Dy. Commandant, 109 Bn BSF, (who was not legally qualified) while the Defending Officer was

Vinod Kumar S/O Sudarshan Kelkar Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 428; Border Security Force Act, 1968 - Sections 46 and 121A; Border Security Force (Amendment) Act, 2000; Indian Penal Code (IPC) - Sections 302

Reported in : 2004(4)MhLj561

Court for the offence under Section 302 of the Indian Penal Code and under Section 46 of the Border Security Force Act, 1968 (for short, the B.S.F. Act) is entitled to set off for the period he has undergone detention as … from or accompany a sentence imposed under the new Code of Criminal Procedure against him. 1952 A. C. 109 (132) relied on.'9. On the point of construing the words 'imprisonment for a term' Mr. Kaptan the learned

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

Court : Kerala

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 … has approved the following observation of Tucker L.J. in Russell v. Duke of Norfolk, (1949) 1 AH ER 109 (C.A.), which is found to be very relevant on the point under discussion :'..... There are, in my