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Jul 29 2011

Laxman Chandra Sarkar Vs. Uoi

Court : Delhi

Decided on : Jul-29-2011

Subject : Service

Acts : Border Security Force Act 1968 - Section 21(2)

be permissible under the proviso to Sub-Rule 1 of Rule 41 of the Pension Rules. 17. No costs. Border Security Force Act 1968 - Section 21(2) - Disobedience to superior officer -- Enrolled on 20.12.1973 as a Constable (Radio Mechanic) in BSF, petitioner … Mechanic) in BSF, petitioner was attached with the 173rd Bn. 2. On 14.6.1997 he was transferred to the 127th Bn. which was then deployed at Kolkata. 3. Vide signal dated 13.6.1998 petitioner was transferred to the 49th

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Feb 08 1990

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

Court : Madhya Pradesh

Decided on : Feb-08-1990

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 … respect of persons holding posts, among others, of Sub-Inspectors and Inspectors. This provision is pari materia with Rule 127 of 'Old' or 1955 Rules. Similarly the New Rule 12 materially reproduces Old Rule 130 and provides for

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Mar 07 2003

Union of India (Uoi) and ors. Vs. B.N. Jha

Court : Supreme Court of India

Decided on : Mar-07-2003

Subject : Service

Acts : Border Security Force Rules, 1969 - Rules 16(7), 45B and 46; Constitution of India - Articles 136 and 226; Army Act; Border Security Force Act - Sections 2(1), 5, 14 to 45, 48 and 141; Navy Act; Armed Forces Act

Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);

for interfering with the impugned judgment in exercise of jurisdiction under Article 136 of the Constitution of India.; Border Security Force Act, 1968 Sections 5, 41, 48, 49, 64, 65, 68, 72, 107 and 108 - Border Security Force Rules, 1969 … the description referred to in that provision;2(1)(h) 'Deputy Inspector-General' means a Deputy Inspector-General of the Force appointed under Section 5;2(1)(n) 'Inspector-General' means the Inspector-General of the Force appointed under Section 5;5. Control, direction etc. (1) The general … proceeding but the same was rejected. The respondent thereafter was transferred to 127 Bu. in Punjab but he was retransferred to TCS Hazaribagh in August,

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Nov 06 1996

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

Court : Kerala

Decided on : Nov-06-1996

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. … Union of India v. Maj, Gen. Madan Lal Yadav (1996) 4 SCC 127 : AIR 1996 SC 1340. In view of the above decision also … be subjected to any such proceedings.2. The above argument is based on Section 3 of the B.S.F. Act. Under Section 3 it is stated that

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Mar 03 1975

Decoteau Vs. District Court

Court : US Supreme Court

Decided on : Mar-03-1975

Subject : Land Acquisition

the reservations set apart for said bands are authorized to adopt such rules, regulations, or laws for the security of life and property, the advancement of civilization, and the agricultural prosperity of the members of said bands … criminal jurisdiction over conduct of members of the tribe on the non-Indian, unallotted lands within the 1867 reservation borders. The face of the Act and its surrounding circumstances and legislative history all point unmistakably to this conclusion. … under the supervision of federal agents. [ Footnote 7 ] But familiar forces soon began to work upon the Lake Traverse Reservation. A nearby and … and townsite laws of the United States, excepting the sixteenth and thirty-sixth sections of said lands, which shall be reserved for common school purposes, and … There are 918,000 acres in the reservation, about 127,000 acres now allotted; it will take, we think,

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Jun 23 1977

Jones Vs. North Carolina Prisoners' Labor Union, Inc.

Court : US Supreme Court

Decided on : Jun-23-1977

Subject : MRTP

abridged here. Appellants' conclusion that the presence of a prisoners' union would be detrimental to prison order and security has not been conclusively shown to be wrong, and the regulations drafted were no broader than necessary to … ] overturning that ban Page 433 U. S. 145 would sap all force from the rationale for excluding bulk mailings. The exclusion would then be … Footnote 4 ] Appellant Page 433 U. S. 127 Ralph Edwards, the Commissioner of the Department of … "membership" but prohibited inmate-to-inmate solicitation (as well, it should be noted, as meetings, or other group activities) as bordering "on the irrational," and felt that "[t]he defendants' on hypothesis in this case is that the existence of … EASTERN DISTRICT OF NORTH CAROLINA Syllabus Appellee prisoners' labor union brought this action under 42 U.S.C. § 1983, claiming that its First Amendment and equal

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Mar 06 1978

Oliphant Vs. Suquamish Indian Tribe

Court : US Supreme Court

Decided on : Mar-06-1978

Subject : Land Acquisition

Pursuant to the Indian Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C. § 1302, defendants … assumption of criminal jurisdiction over non-Indians. Of the 127 reservation court systems that currently exercise criminal jurisdiction … U. S. 192 MR. JUSTICE REHNQUIST delivered the opinion of the Court. Two hundred years ago, the area bordering Puget Sound consisted of a large number of politically autonomous Indian villages, each occupied by from a few … the treaty could "proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can … of the prevalence of non-Indian crime on today's reservations which the tribes forcefully argue requires the ability to try non-Indians. [ Footnote 18 ] But … jurisdiction did not exist. Pp. 435 U. S. 196 -201. (b) Congress' actions during the 19th century reflected that body's belief that Indian tribes do … as exemplified by title 18, United States Code, section 1863 [trespass on national forest lands]. Indian property

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Feb 28 2011

Ram Chander Singh Vs. Uoi and ors.

Court : Delhi

Decided on : Feb-28-2011

Subject : Service

Acts : Border Security Force (BSF) Act - Section 46

border, from his area of responsibility."3. With respect to the charge the petitioner was tried at a Summary Security Force Court presided over by the Commandant and when the Court convened on 21.5.1999, on the charge being read … `400/- on 13.11.1998. It is actually a case of a trap.2. Complying with the procedures of the BSF Act 1968 Deputy Commandant Sh.S.K.Goel prepared the Record of Evidence and submitted the same to the Commandant, who on perusal … 1998 at about 14:00 hours I was placed in Quarter guard of 127 Bn BSF along with other three persons of my battalion. On 18th … who on perusal of the Record of Evidence framed a charge under Section 46 of the BSF Act as under:-"BSF ACT COMMITTING A CIVIL OFFENCE

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Jun 27 1977

Hazelwood Sch. Dist. Vs. United States

Court : US Supreme Court

Decided on : Jun-27-1977

Subject : Education

of Negro employees on Hazelwood's teaching staff -- was lacking in probative force. This Court's recent consideration in Teamsters v. United States, 431 U. S. … and, for that purpose, members of its staff visited a number of colleges and universities in Missouri and bordering States. All the institutions visited were predominantly white, and Hazelwood did not seriously recruit at either of the … is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by [Title VII], and that the pattern or practice is of such a nature and is intended to … OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The United States brought this action against petitioners, the Hazelwood, Mo., School District, located in St. Louis County, … a second question: "Whether Congress has authority under Section 5 of the Fourteenth Amendment to prohibit by … court entered judgment for the defendants. 392 F.Supp. 1276 (ED Mo.). The Court of Appeals for the

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