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Union of India and Another Vs. Major Singh and Chander Pal Singh

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 10, 11, 19, 48 and 117(2) and 128; Constitution of India - Article 226; Army Act, 1950 - Sections 71, 164(2) and 179 - Rule 22

Reported in : 2001IIIAD(Delhi)376; 2001(58)DRJ282

from service' which is not enumerated and Seriallized as one of the punishments under Section 48 of the Border Security Force Act (in short 'BSF Act'). 3. The respondents in these appeals were tried by the Summary Security Force Court … were to confine only to the punishments enumerated under Section 48, then there was no need for incorporating Section 128 of the Act. Section 128 of the Act reads as under:-128. Pardon and remission: When any person subject

Anil Kumar Rai Vs. Union of India and ors.

Court : Delhi

Subject : Land Acquisition

45 of the Border Security Force Rule was conducted by the Commandant 128 Battalion, BSF on 7th January, 1999. During this hearing, six prosecution witnesses … by the General Security Force Court and the Petty Security Force Court. As per the scheme of the Border Security Force Act, 1908 & Rules thereunder, Rule 99 is mentioned in Chapter 9 which relates to Procedure for Security Force … 1999. By a charge-sheet dated 12th October, 1999, the following charges were issued against the petitioner:First Charge BSF Act 1968 Sec.20(a) Using Criminal Force to his Superior Officer In that he, at BOP Ranian on 4.1.99 at about … authority are para meteria, more particularly in case of Rule 149 and Section117(2) of the Act, with the provisions which were considered in both the

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 … or for suspension of his sentence of imprisonment in accordance with Sections 128 and 130 of the Act. The said writ petition came up for … 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

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 … such rank.129. Exemption from passing pre-promotion course: -Till such time as the pre-promotion course referred to in rule 128 becomes available to every person qualified to join them, not qualifying in any one of them shall not

Rakesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 21(2), 24, 35 and 46; Army Act; Evidence Act; Border Security Force Rules, 1969 - Rules 44, 45B, 45B(1), 45B(2), 48 and 53(2); Army Rules - Rule 149; Defence Service Regulations

Reported in : 152(2008)DLT663

T.S. Thakur, J.1. The petitioner is serving as Commandant in the Border Security Force. He is facing trial by the General, Security Force hereinafter referred to as GSFC for disobedience of lawful … and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed against the petitioner read as under:CHARGE SHEET The accused Shri Rakesh Sharma, Second-in-Command, IRLA No. … him, malingering and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed … M.S. Sharma, Commandant 195, Batallion, BSF as PW-4, Dr. H.S. Shekhawat, CMO(SG), 128 Batallion, BSF as PW-5 apart from the statement of the petitioner himself.

Shri Jogeswar SwaIn Vs. Union of India and ors.

Court : Delhi

Subject : Service Tax

BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT % 1. The petitioner joined the Border Security Force (BSF) as a Constable (92 BN BSF Kalyani Nadia) on 10.05.1995. Subsequently, he was posted as Constable in … entry during his entire career. When he was working as Constable in 128 BN, BSF, Patgaon, Kamrup in Assam, he was deployed for security aid … did not permit him to ask any questions during the trial, investigated under Section 157 of the BSF Act, 1968. It is alleged that the Court on 23.07.2005 recorded the guilt, allegedly admitted by the petitioner, without complying

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 … the merits. United States v. Klein, 13 Wall. 128, distinguished. Pp. 448 U. S. 390 -407. Page … 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

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 … 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 … 927 (1973); United States v. Anderson, 468 F.2d 1280 (1972). [ Footnote 12 ] MR. JUSTICE BRENNAN's

United States Vs. Ortiz

Court : US Supreme Court

Subject : 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 … to 498,123 in fiscal 1973; of this number, 128,889 were found by Border Patrol agents working in … or vehicle; "reasonable distance," as used in that section of the Act, means within 100 air miles

Dalia Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

for those searches in the Postal Service's recent reinterpretation of an awkwardly drawn 1866 statute that authorized certain border searches of "vessels" but that could not reasonably be read to authorize either the mail openings themselves or … modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their … in the President's Commission on Law Enforcement and Administration of Justice, Task Force Report: Organized Crime, App. C, 92, 97 (1967). Both wiretapping and bugging … Pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, the District Court, finding probable cause to believe that petitioner … example, in Irvine v. California, 347 U. S. 128 (1954), the plurality stated that, in conducting electronic … in violation of Title 1, United States Code, Section 659; sale or receipt of stolen goods, in