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Harendra Singh Vs. Union of India (Uoi) and ors.
Jharkhand
Apr-01-2003
Service
Service Law; Border Security Force Act, 1968 - Sections 113, 114 and 117
[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 … Summary Security Force Court order (hereinafter referred to as the Court order), there is no appeal because under Section 114, the order of the Summary Security Force Court do not require confirmation, whereas Under Section 117 of the
Tag this Judgment! AI Brief & AskBhanwara Ram Vs. Union of India (Uoi) and ors.
Guwahati
Sep-03-2000
Service
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 … on such revision, the court, if so directed by the confirming authority, may take additional evidence and under Section 114 of the Act, the finding and sentence of a SSFC shall not require to be confirmed, but may
Tag this Judgment! AI Brief & AskThe Superintendent and Remembrancer of Legal Affairs Vs. G. Majumdar
Kolkata
Aug-10-1977
Criminal
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
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Hargovind Singh Vs. Union of India (Uoi) and ors.
Guwahati
Feb-26-2002
Civil
Constitution of India - Article 226
the petitioner. The petitioner submitted a petition dated 11th December, 1999 under Sub-section (1) of Section 117-of the Border Security Force Act, 1968, (for brevity, 'the BSF Act') to the Confirming Authority pointing out some irregularities in the proceeding before the … it has been held that where prosecution has failed to produce eye witnesses, it can be presumed under Section 114, Illustration-(g) of the Evidence Act, that the eye witnesses have not been produced as they were not prepared
Tag this Judgment! AI Brief & AskAbhimaya Basumatary Vs. Union of India (Uoi) and ors.
Guwahati
Jul-16-2002
Constitution
Boarder Security Force Act, 1968 - Sections 117; Constitution of India - Articles 226 and 227; Boarder Security Force Rules - Rule 151
I.A. Ansari, J. 1. Challenging not only the punishment of dismissal from serviceimposed by Summary Security Force Court (hereinafter referred to as 'the SSFC'), but also rejection of his appeal made against the penalty aforementioned, … Ghanshyam and No.91007288 Const Surjit Singh, were detailed for Naka duty near Border Pillar (i.e., BP) No. 197M under jurisdiction of BOP Kanchantar of 143 … Bn BSF, the petitioner, till his dismissal from service, was already awarded following four punishments :- (a) BSF Act, 1968, under Section 40 : on 23rd October, 1989, while the petitioner was on the strength of 72 Bn … required to be confirmed, but it is to be carried out forthwith under the provisions laid down in Section 114 of the Act The petitioner's representation was rejected after due application of mind. The other two constables, accompanying
Tag this Judgment! AI Brief & AskS.A. Qadir Vs. the Union of India and ors.
Rajasthan
Apr-26-2000
Service
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 … political pressures. Learned counsel has also invited our attention to the statement made by the accused at page 114 of the paper book before the Force Court, which reads as follows:The accused submits that when he became
Tag this Judgment! AI Brief & AskDevender Kumar Vs. Union of India and Others
Delhi
May-14-2012
Education
by this Court be paid within four weeks. With these directions and observations, the writ petition is allowed. Border Security Force Act 1968 - Section 22-E and 40 - Difference between “misconduct reinstatement” and illegal termination - misconduct reinstatement refers to … and also seeking quashing of the excessive power delegated to the Unit Commandant under Sections 70, 74 and 114 of the BSF Act, 1968, inter alia, on the ground that excessive power has been given to the
Tag this Judgment! AI Brief & AskUnited States Vs. Montoya De Hernandez
US Supreme Court
Jul-01-1985
Land Acquisition
of alimentary canal smuggling at the time respondent was detained. Held: The detention of a traveler at the border, beyond the scope of a routine customs search and inspection, is justified at its inception if customs agents, … Court's administrative warrant cases. We have repeatedly held that the Fourth Amendment's purpose of safeguarding "the privacy and security of individuals against arbitrary invasions by government officials" is so fundamental as to require, except in "certain carefully … 420 U. S. 103 , 420 U. S. 114 (1975). [ Footnote 2/21 ] Cf. Mallory v. … giving a traveler the option of leaving the country, rather than being forced to undergo lengthy custodial criminal investigations based on mere suspicion, "is an … cannot be detected in the amount of time in which other illegal activity may be investigated through brief stops. When respondent refused an x-ray as
Tag this Judgment! AI Brief & AskRamanlal Purshottamdas Chokshi Vs. Union of India (Uoi) and ors.
Gujarat
May-02-1972
Civil
(1973)14GLR112
particulars of the things given by way of security and the persons who gave the security. Sub-section … was not violated. Therefore, their Lordships found no force in the contention that these money lenders or … first petition is filed by some of the licenced dealers to challenge the provisions of the Gold (Control) Act, 1968, hereinafter referred to as 'the Act along with the rules enacted thereunder; while the second petition is by … up now the last question as to Rule 13(2)(f) of Gold Control (Forms, Fees, and Miscellaneous Matters) Rules, 1968, Section 13(1) provides that every licensed dealer or refiner acquiring, accepting, selling, delivering transferring or disposing of gold shall, … itself not in a position to effectively combat smuggling over the long borders, and the coast lines and, therefore, the anti smuggling measures had to … the administrator, which was a parallel power of subordinate legislation which was conferred on the Central Government under Section 114(2) and (2) of the Act by enacting rules which were at least to be laid down before each
Tag this Judgment! AI Brief & AskUnited States Vs. Ortiz
US Supreme Court
Jun-30-1975
Land Acquisition
it would appear that, absent legislative action, nothing less than a massive force of guards could adequately protect our southern border. [ Footnote 2/2 ] … TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Fourth Amendment held to forbid Border Patrol officers, in the absence of consent or probable cause, to search private vehicles at traffic checkpoints removed … United States. This problem along the Mexican-American border has existed for some time, with the original responsibility for securing the integrity of the border being assigned to Page 422 U. S. 905 the U.S. Army, along with … U. S. 900 Given today's decisions, it would appear that, absent legislative action, nothing less than a massive force of guards could adequately protect our … legally during fiscal year 1972. Since July 1, 1968, the law has established an annual quota of … or vehicle; "reasonable distance," as used in that section of the Act, means within 100 air miles
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