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V.S. Hamsa Vs. Director General, Border Security Force and ors.

Court : Kerala

Subject : CriminalLimitation

Acts : Border Security Force Act, 1968 - Sections 3 and 77; Army Act - Sections 123 and 123(2); Constitution of India - Article 32; Army Rules

Reported in : 1997CriLJ878

is no longer a member of the Border Security Force and therefore any proceedings initiated under the B.S.F. Act, 1968 are void and the appellant cannot be subjected to any such proceedings.2. The above argument is based on … Delhi on the ground that these proceedings are illegal and void. The appellant was a member of the Border Security Force and he retired from that service on 31-10-93. According to respondents, in an enquiry conducted by the D.I.G. … 6 months prescribed under the Act. That was a case where steps were initiated against the accused under Section 123 of the Army Act and he was kept under open arrest from that date onwards. He retired from

Union of India (Uoi) and anr. Vs. S.S. Ranade

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2 and 141; Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 3, 6, 7 and 9; Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1989; Border Security Force Rules, 1969 - Rule 14A

Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499

the security of the borders of India and matters connected therewith, are governed by the provisions of the Border Security Force Act, 1968. Section 141 of the Border Security Force Act enables the Central Government, by notification, to make rules for the … review for Group 'A' posts in the Border Security Force, its approval, inter alia, to the creation of 123 posts of Commandants in the Selection Grade of Rs. 1800 fixed; the quantum of special pay and compensatory

N. Bommon Behram and anr. Vs. the Government of Mysore and ors.

Court : Karnataka

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 11, 12 and 18; Constitution of India - Article 226; ;Mysore Land Acquisition Act, 1961 - Sections 4, 4(1), 8, 9, 11 and 15A; ;Madras Motor Vehicles Act, 1948 - Sections 43-A; ;Motor Vehicles Act, 1939; Evidence Act - Sections 123 and 124

Reported in : AIR1970Kant89; AIR1970Mys89

notified for acquisition under Section 4(1) of the Act. The lands were required for the use of the Border Security Force under the control of the Central Government. Prior to the issue of this Notification on 1-5-1967, there were … directing them not to follow the instructions given in letter No. RD 220 AQB '68 dated 29/30th August 1968 and to issue a mandamus directing them to maintain their own valuation expressed in the draft award dated … material facts from the court.An attempt was made by referring to Sections 123 and 124 of the Evidence Act to contend that since the State

Babu Joseph Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Border Security Force (Subordinate Officers and Under Officers Promotion and Seniority) Rules, 1975 - Rules 7, 8, 9, 13(2), 18(2), 19(1), 20, 119(1) and 129; Central Reserve Police Force Rules, 1955 - Rules 123, 124, 125, 136(5) and 136(6); Central Reserve Police Force (Amendment) Rules, 1967 - Rule 118; Constitution of India - Articles 14 and 16; Border Security Force Rules, 1969 - Rule 14A(2)

Reported in : 1990MPLJ417

and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142(1) the fact of prior existence of the … of the Border Security Force'.9. It is true New Rules 7 and 8 have precursors in Old Rules 123 and 124 in that seniority list of Sub-Inspectors had to be maintained 'Statewise' and that of Inspectors 'Frontierwise',

S. S. Rana vs.union of India & Ors.

Court : Delhi

Subject : Land Acquisition

October, 1990.13. On 31st January, 1994, the... Petitioner was issued a charge-sheet under Section 30 (b) of the Border Security Force Act, 1968 („BSF Act‟) alleging that while performing the duties of Quarter Master on 27th October, 1990, he conspired with … background facts are that the... Petitioner was, in the year 1990, working as a Quarter Master of the 123rd Battalion of the Border Security Force („BSF‟) having been entrusted that duty by the Commandant of the WP

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 … opportunity to defend the charges raised before this court, reference requires to be made to Rule 122 and 123 which applies to the General or Petty Security Force Courts and reads as follows:- "122. Defending Officer, Friend

United States Vs. Montoya De Hernandez

Court : US Supreme Court

Subject : 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 … 12 200-Ft. Reels of Film, 413 U. S. 123 , 413 U. S. 125 (1973) Consistently, therefore, … 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

New York Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

300 (1955); Ex parte Young, 209 U. S. 123 , 155-156 (1908). Again, however, the text of … in "regional compacts" with other States, the obligation to provide for the disposal of waste generated within their borders, and contains three provisions setting forth "incentives" to States to comply with that obligation. The first set of … disposal, even without the prospect of taking title; and since any burden caused by New York's failure to secure a site will not be borne by other States' residents because the sited regional compacts need not accept … Burns ed. 1988). In 1979, both the Washington and Nevada sites were forced to shut down temporarily, leaving South Carolina to shoulder the responsibility of … waste in 31 States, Congress enacted the Low-Level Radioactive Waste Policy Amendments Act of 1985, which, among other things, imposes upon States, either alone or … 70-78; Bonfield, The Guarantee Clause of Article IV; Section 4: A Study in Constitutional Desuetude, 46 Minn.

United States Vs. Sioux Nation of Indians

Court : US Supreme Court

Subject : Land Acquisition

a tract of land bounded on the east by the Missouri River, on the south by the northern border of the State of Nebraska, on the north by the forty-sixth parallel of north latitude, and on the … which may be held in common shall be of any validity or force as against the said Indians, unless executed and signed by at least … the Indians and the Government. Finally, in October, 1968, the Commission set down three questions for briefing … Page 448 U. S. 396 202 U. S. 123 -126 (1906). Thereafter, and following payment of the … influx of settlers into the Black Hills increased. The Government concluded that the only practical course was to secure to the citizens of the United States the right to mine the Black Hills for gold. Toward Page … as long as they would be needed. In 1877, Congress passed an Act (1877 Act) implementing this "agreement" and thus, in effect, abrogated the Fort

Asarco Inc. Vs. Idaho State Tax Comm'n

Court : US Supreme Court

Subject : Service Tax

337 . The trial court, however, found that ASARCO "has never been required to utilize its stock as security for borrowing of working capital, acquiring stock or securities in other companies or to support any bond issues." … its basic arguments -- in practical effect -- would seriously undermine their force as precedents. It relies primarily on considerations quite different from those identified … levy on appellant ASARCO Inc. for the years 1968, 1969, and 1970. ASARCO is a corporation that … North Carolina ex rel. Maxwell, 283 U. S. 123 , 283 U. S. 132 -133 (1931); Bass, … U. S. 315 -330. (a) As a general principle, a State may not tax value earned outside its borders. "[T]he linchpin of apportionability in the field of state income taxation is the unitary business principle." Mobil Oil … would permit nondomiciliary States to apportion and tax dividends "[w]here the business activities of the dividend payor have nothing to do with the activities of … losses constitute business income as defined in this section." Idaho Code § 63-3027(f)(3) (Supp.1981). "Interest and dividends