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Deputy Inspector General, Border Security Force Vs. Ashok Kumar Mishra ...

Court : Kolkata

Subject : CivilConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), 74(5) and 115; ;Border Security Force Rules, 1969 - Rules 22, 160 and 161

Reported in : 2005(2)CHN638

for stay, Mr. Ghosh contended that the learned Single Judge had erred in not considering the provisions of Section 115 of the Border Security Force Act, 1968, which, according to Mr. Ghosh, would have to be read with … not be terminated, by virtue of the powers vested in the said Commandant under Section 11(2) of the Border Security Force Act, 1968 read with Rule 22 of the Border Security Force Rules, 1969. It was also observed that considering 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 … proceeding of SSFC must be forwarded to the DIG who could take appropriate action. Mr. Dhar also referred Section 115 of the Act. 10. From the trend of submission of Mr. Dhar, learned senior C.G.S.C., it appears that

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Service

Acts : Constitution of India - Articles 14, 16, 21 and 226;; Border Security Force Act, 1968 - Sections 14, 16, 17, 40, 46,47, 74, 74(1)(2), 115, 116, 117 and 167(2);; Border Security Force Rules - Rules 51(2), 142(2), 143, 143(2), 145, 147, 148, 149, 157 and 159

Reported in : (1999)2CALLT107(HC)

Admittedly the charges against the petitioner came within the purview of section 16(d) and section 46 of the Border Security Force Act which read thus :--'16. Offences punishable more severely on active duty than at other times--any person subject to … holding the court.'14. In the instant case admittedly a reference of the Summary Security Force Court has been made.Section 115 of the Board Security Force Act reads thus :-- 'Transmission of Proceedings of a Summary Security Force Courts--The … Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picauet without orders from his

Ex. L/Nk Vimal Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 26, 48, 70 and 117(2); ;Army Act; ;Army Rules - Rules 115, 115(2), 115(2A) and 125; ;Navy Act; ;Armed Forces Act; ;Border Security Force Rules, 1969 - Rules 33(2), 43, 45, 45B, 46, 48(3), 49, 51, 62, 81, 81(3), 101, 101(3), 142, 142(2) and 157; ;Border Security Force Rules, 1965 - Rules 48(3), 49(2) and 49(3); ;Constitution of India - Article 14

(hereinafter referred to 'SSFC' for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to 'BSF Act' for brevity) and the sentence of dismissal from service. The petitioner also assails … is suggested by Mr. Hussain or not. Plea of guilt recorded by Lt. Col. Mehta is dehors Rule 115 of the Army Rules. In the first place the alleged plea of guilt is unsigned by the authorities.

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

is also entitled to costs, which is quantified at Rs. 5,000/-._ Service - discharge - Sections 87 of Border Security Force Act, 1968 - dismissal Order and punishment challenged on ground of violation of fair trial - 'A' witness in proceeding … 121 of the Army Act, 1950 are in pari material with Sections 115 and 75 of the BSF Act.8. It was further submitted that as … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

Abhimaya Basumatary Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Constitution

Acts : 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 … It may be mentioned that the petitioner filed an additional affidavit, wherein he contended that the provisions of Section 115 of the BSF Act had not been complied with inasmuch as the proceedings of the SSFC is required

Union of India (Uoi) Through Ministry of Home Affairs and ors. Vs. Ex- ...

Court : Punjab and Haryana

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 117(2)

Reported in : (1993)103PLR356

with intent to outrage her modesty Madan Singh was consequently charged under Sections 40 and 46 of the Border Security Force Act, 1968 (hereinafter referred to as the Act).During trial, Madan Singh confessed the charges levelled against him and consequently he … rank of D.I.G., B.S.F. within whose command the trial was held, for confirmation. This procedure is provided in Section 115 of the Act. The Deputy Inspector General of the Bolder Security Force under Section 115 of the Act

Union of India (Uoi) and ors. Vs. Devi Lal Sahu

Court : Rajasthan

Subject : Service

leave. The writ-petitioner submitted that on 28.10.2003, he was served with a charge-sheet under Section 26 of the Border Security Force Act, 1968 ('the BSF Act') and was placed under close arrest at Headquarter 20 Bn. Barmer on 29.10.2003; and that … of India and Ors. v. Ex-L.Nk Bega Ram Mil LJ 2007 (Raj.) 231 holding, in relation to Rule 115(2) of the Army Rules, that not obtaining of signatures of the accused on the 'plea of guilty' results

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 … the delinquent to be represented through counsel or agent could be conceded. (Ref.: (MANU/SC/0469/1993 : (1993) 2 SCC 115 Crescent Dyes & Chemicals Ltd. v. Ram Naresh Tripathi)84. Rule 157 has permitted engagement of a legal practitioner

United States Vs. Montoya De Hernandez

Court : US Supreme Court

Subject : Land Acquisition

Intrusive Border Searches -- Is Judicial Control Desirable?, 115 U.Pa.L.Rev. 276 (1966); Note, Border Searches and the … 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 … 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