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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 … 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 … the purpose. In the instant case, however, the said provision does not appear to have been complied with.16. Section 116 of the Act also provides for alteration of finding or sentence by a higher authority. Section 117 provides

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

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 117; Border Security Force Rules - Rule 116

Reported in : 142(2007)DLT371; 2007(95)DRJ342

further documents including copies of the judgments which he relies upon within two weeks from today. No costs. Border Security Force Act, 1968Section 117 - Statutory Petition--Article 226 of Constitution of India--Challenged the orders passed by Director General, BSF--Seeking directions … his conviction and sentence, the petitioner filed a statutory petition in terms of Section 117 of the BSF Act, 1968 before the Director General, BSF on 30th June, 2004. On receipt of the said petition, the petitioner was … General of BSF in exercise of his powers of review under Rule 116 of the BSF Rules upheld the conviction of the petitioner only on

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 … Police Force Act, 1949. For that purpose Chapter XV (Rules 112 to 116) was inserted in the CRPF Rules on December 21,1966. The said Chapter … 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

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 … expression 'friend of accused' is concerned, in the pronouncement of the Apex Court reported at (1988) 1 SCC 116 Johney D'Couto v. State of Tamil Nadu, the court ruled on the nature of the assistance rendered by

Dharambir Singh Vs. Union of India and ors.

Court : Delhi

Subject : Education

appended.15. Considering the Record of Evidence the Commandant opined that the petitioner should be tried at a Summary Security Force Court and for which he drew up a charge-sheet on May 09, 2000 and served the same upon … Ct.Rajesh Sharma and he were directed by the petitioner to check the border fencing and patrol the naka point. Accordingly, they left the naka point … the same upon the petitioner on the same day. The charge-sheet reads as under:“ I. BSF ACT - 1968 SECTION - 16 (d) LEAVING HIS PIQUET WITHOUT ORDERS FROM HIS SUPERIOR OFFICE In that he, at Naka duty … the civilian was also likewise coerced deposed against the petitioner. (vii) Rule 116 of the BSF Rules was violated because opinion of every member of

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 … the charge-sheet dated 14th May, 1992. The charge-sheet was served on the petitioner for committing civil offence under Section 46 of the BSF Act, i.e. the offence of murder, punishable under Section 302 of the Indian Penal … contravention of the powers of the confirming authority under sections 111 and 116(3) of the Act. In ground 59(p), the petitioner alleged that the confirmation

Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : Border Security Force Act - Sections 87, 74, 99, 117, 117(2), 139 and 164(2); ;Border Security Force Rules - Rules 148, 149 , 167 to 169; ;Army Act, 1958 - Sections 116; ;Army Rules - Rules 62, 103 to 133 and 133-161; ;Code of Criminal Procedure (CrPC) - Sections 378(3); ;Constitution of India - Articles 33, 136, 226 and 227

Reported in : 2006(87)DRJ108

issue involved in these group of petitions is whether in an order passed under Section 117 of the Border Security Force Act(hereinafter referred to as the `BSF Act') in dealing with appeals against the orders of Security Force Court and … may pass such order thereon as it or he thinks fit.3. The Summary Court Martial is held under Section 116 read with the Rules 103-133 of the Army Act, 1958. The Summary Security Force Court is held under … We may notice that the Act which was enacted in the year 1968 even sought to fill up the gaps occurring in other Acts like

Maharishi Ayurveda Products Pvt. Ltd Vs. Sparsh Builders Private Ltd

Court : Delhi

Subject : Land Acquisition

into a sale by reference to a host of extraneous and irrelevant considerations. Difficulty only arises in the border line cases where there is ambiguity. Unfortunately, they form the bulk of this kind of transaction. Because of … with the plaintiff a sum of Rs. 42,75,000/- as an interest free security deposit refundable within 30 days of the vacation of the suit property. … decisions (G. Narayana Raju v. G. Chamaraju AIR 1968 SC 1276; State Bank Of India and Another … for the suit premises. Furthermore, counsel emphasized that the learned Single Judge had invoked the estoppel prescribed in Section 116 of the Evidence Act, which estopped the tenant of a premise from challenging the title of its landlord. … assurance that her pre-existing maintenance rights would be maintained. She, however, was forced to leave the joint family matrimonial home and as a result of

United States Vs. Ramsey

Court : US Supreme Court

Subject : Land Acquisition

opened the envelopes for inspection at the General Post Office in New York City, considered a "border" for border search purposes, and ultimately the envelopes were found to contain heroin. Respondents were subsequently indicted for and convicted … and stop such vessel if under way, and to use all necessary force to compel compliance; and if it shall appear that any breach or … (Omnibus Crime Control and Safe Streets Act of 1968) (warrant required to electronically intercept wire or oral … a century ago. In Boyd v. United States, 116 U. S. 616 , 116 U. S. 623 … that "before international letter mail is opened, a showing of probable cause be made to and a warrant secured from a neutral magistrate." 176 U.S.App.D.C. at 73, 538 F.2d at 421. [ Footnote 7 ] II Congress … although the regulations prohibit the reading of correspondence absent a search warrant. Acting pursuant to the statute and regulations, a customs inspector, based on the … July 31, 1789, c. 5, 1 Stat. 29. Section 24 of this statute granted customs officials "full

United States Vs. Peltier

Court : US Supreme Court

Subject : Land Acquisition

S. 266 , which held that a warrantless automobile search, conducted about 25 air miles from the Mexican border by Border Patrol agents acting without probable cause, contravened the Fourth Amendment, does not apply to Border Patrol … in complete good faith, however, the deterrence rationale loses much of its force." The "reliability and relevancy," Linkletter, supra at 381 U. S. 639 , … about 25 air miles from the Mexican border by Border Patrol agents acting without probable cause, contravened the Fourth Amendment, does not apply to Border … Fourth Amendment. See, e.g., Boyd v. United States, 116 U. S. 616 . . . (1886)." [ … States, supra, this Court held that, in a federal prosecution the Fourth Amendment barred the use of evidence secured through an illegal search and seizure." (Emphasis added.) Elkins v. United States, 364 U. S. 206 , 364