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

Court : Jharkhand

Subject : Service

Acts : Service Law; Border Security Force Act, 1968 - Sections 113, 114 and 117

Reported in : [2003(2)JCR668(Jhr)]

the order of the Summary Security Force Court do not require confirmation, whereas Under Section 117 of the Border Security Force Act, 1968. the appeal lies to the confirming authority against the order of a General Security Force Court. Thus, as … it is that there is no appeal provided in the Act against the order of such Courts. Under Section 113, there is a provision of revision, that too suffers from the same rigour. The revision lies against the

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 113, 114 and 115; CCS(CCA) Rules, 1965 - Rule 15(2); Board Security Force Rules, 1969 - Rule 160

and perused, the records. 6. Admittedly, for commission of civil offence as defined under Section 46 of 'the Border Security Force Act, 1968' (shortly the Act), the SSFC was assembled to enquire/try the petitioner on the charge framed and after recording … referred the provision of Chapter VIII under the caption 'CONFIRMATION AND REVISION' of the Act submits that under Section 113 of the Act, the finding or sentence of a SSFC which requires confirmation, could be revised by an

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 … Force Court or commute that punishment for any punishment lower in the scale laid down in Section 48. Section 113 provides a procedure to be followed when confirming Authority remits the matter for re-consideration on the point of

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 … Chapter bears the heading 'Special Provisions relating to Border Security Force'. Rule 113 thus introduced made provision for appointment and promotion of p superior officers. … 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

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 … by the Security Force Court.17. The petitioner preferred a Revision against the verdict of guilt and the sentence. Section 113 of the Act empowers the authority empowered to consider the issue of confirmation which incidentally is also the

Dr. Sushil Kumar Vs. Union of India and ors

Court : Rajasthan Jodhpur

Subject : Education

Against this order, a pre-confirmation appeal was filed by the present petitioner as per Section 117(1) of the Border Security Force Act, 1968. While the said appeal was still pending, the said Authority, namely, the Director General, HQ, BSF, New Delhi … Director General, HQ, BSF, New Delhi passed a revisional order on 28.1.2014 in exercise of his powers under section 113 of the said Act of 1968 and directed fresh court martial to be held for the charges No.1

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,

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 … 46 civil offences, Section 65 convening of a GSFC and its connected provisions containing procedure of trial including Section 113 (Revision of finding or sentence) amount to unreasonable legislative classification being ultra vires of Articles 14, 16, 21,

Ex. Ct. Sanjay Singh Vs. Union of India and ors

Court : Delhi

Subject : Land Acquisition

not even continue his study and that in order to earn some livelihood, he had enrolled in the Border Security Force as a Constable and was allotted the service No.91477328. WP(C) No.5831/1999 Page 1 of 15.3. After completing his … the offence alleged against him is absence without leave which is punishable under Section 19-A of the BSF Act, 1968 and is to be tried by the Security Force Court and that only in those cases where trial

Dr. Amar Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Punjab Town Improvement (Utillisation of Land and Allotment of Plots) Rule, 1983 - Rule 4; Punjab Town Improvement (Utillisation of Land and Allotment of Plots) Rules 1953 - Rule 4; Constitution of India - Article 14

Reported in : AIR2004P& H67; (2003)135PLR348

of death of such persons their widows and in theabsence of widows their children.Two per cent(iii) Defence personnel Border Security Force Personnel, Memberof the Central Reserve Police Force, Ex-Servicemen and War Widows havingdomicile in the State of Punjab.Eight per … Douglas, J, in United States v. Underlick, (1951-342 US 98:96 Law Ed 113), 'when it has freed man from the unlimited discretion of some ruler...... … 29.9.1995 of 10 sites for shop-cum-flats without holding the draw of lots. Petitioner No. 4 challenged the aforesaid action of the respondents in a Civil Suit and sought permanent injunction against the Trust restraining it from holding … are so framed so as to cater to the persons of all sections of Society.4. In paragraph 25 of the writ petition, it is stated