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Oct 03 2005

Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Oct-03-2005

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 40, 45(B), 46, 48, 89, 107, 108 and 117; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Prevention of Corruption Act, 1987 - Section 13(1) and 13(2); ;Border Security Force Rules, 1969 - Rules 45B, 48, 51, 51A, 59, 73 and 167; ;Prevention of Corruption (Amendment) Act, 1998 - Section 13; ;Army Act - Sections 52 and 63; ;Evidence Act; ;Constitution of India - Articles 226 and 227; ;Army Rules - Rules 22 and 149; ;Defence Service Regulations; ;Code of Criminal Procedure (CrPC)

Reported in : 2006(2)JKJ255

of Smuggling Activities Act, 1974 could not be established and a fresh charge under Section 46 of the Border Security Force Act, 1968 for committing offence in terms of Section 13(1)(e) of the Prevention of Corruption Act, 1988 came to be

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Mar 05 2003

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Decided on : Mar-05-2003

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

appellant.27. In the said view of the matter, these appeals fail and thesame are dismissed. Service Law - Border Security Force Act, 1968 - Sections 52, 53, 75, 77 and 81 - B. S. F. Rules - 41, 45B, 51A, 53, … order dated 8.7.1998 made by thelearned Special Judge, C.B.I., Patiala by which charges wereframed against the appellant under Sections 7 and 13(2) read withSection 13(1)(d) of the Prevention of Corruption Act, 1988. Theappellant sought for quashing of

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Apr 26 2000

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Decided on : Apr-26-2000

Subject : Service

Reported in : 2000(2)WLN635

the appellant is that mens rea is a necessary ingredient of the offence under Section 40 of the Border Security Force Act, 1968. Section 40 reads:40. Violation of good order and discipline-Any person subject to this Act who is guilty of any … termination of service, one by administrative action and another by way of sentence as provided under Section 48, Section 13 abrogates certain fundamental rights of the members of the Force in respect of forming of an association, freedom

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Feb 24 2006

Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Feb-24-2006

Subject : ServiceCriminal

Acts : Prevention of Corruption Act, 1988 - Section 13(1) and 13(2); ;Border Security Force Act, 1968 - Sections 46 and 59; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Border Security Force Rules - Rule 45

Reported in : 2006(2)JKJ234

short ground, that his trial by the General Security Force Court is vitiated because of flagrant violation of Border Security Force Act and Border Security Force Rules, hereinafter referred as Act and Rules respectively.2. Mrs. Surinder Kour, learned Counsel for … reads, thus:APPENDIX VIRULE 53(2)CHARGE SHEETThe accused No. 870021695 Subedar Nawab Khan of 5 BN BSF, is charged with:BSF ACT 1968, SECTION 46 : COMMITTING A CIVILOFFENCE, THAT IS TO SAY ABETTING THESMUGGLING OF GOODS, PUNISHABLE UNDER SECTION 3 OFCONSERVATION … J.P. Singh, J.1. Convicted for an offence under Section 13(1)(e) of Prevention of Corruption Act, 1988, punishable under Section 13(2) of the

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May 11 2000

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Decided on : May-11-2000

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … learned Single Judge was that the respondent was tried by General Security Force Court on a charge under Section 31(b) of the Border Security Force Act (for short the Act) namely :- without proper authority extract from … because the offence is one of the disobedience of such Commandant's orders.' 13. The interpretation placed on the embargo on Rule 46 by the learned

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Jan 04 2002

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Decided on : Jan-04-2002

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

by the Court of Metropolitan Magistrate, dismissing application moved by the Commanding Officer under Section 80 of the Border Security Force Act, 1968 (for short, 'BSF Act') read with BSF Courts (Adjustment of Jurisdiction) Rules, 1969 (hereinafter referred to as the … against him, thereafter, they cannot be permitted to change the decision at their own whims and convenience. - Section 13: [Altamas Kabir & Cyriac Joseph,JJ] Custody of child - Welfare of child vis--vis comity of Courts - The

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Apr 25 1995

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

Court : Supreme Court of India

Decided on : Apr-25-1995

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 … Director General 1 (Rs. 8000 fixed) 2. Additional Director General (Rs. 7300-7600) 2 3. Inspector General (Rs. 5900-6700) 13 4. Deputy Inspector General/ Deputy Director (Rs. 5100-6150) 46 5. Additional Deputy Inspector General/ Additional Deputy Director (Rs.

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Apr 25 2013

State of J and K and Another Vs. Lakhwinder Kumar and Others

Court : Supreme Court of India

Decided on : Apr-25-2013

Subject : Criminal

Acts : Ranbir Penal Code (IPC) - Section 302, 109, 201; Border Security Force Act, 1968 - Section 80, 2(1)(a), 47, 141(1), 141(2); Jammu and Kashmir Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1983 - Rule 7, 41; Constitution of India - Article 136

judicial custody. He went on to say that in exercise of his discretion under Section 80 of the Border Security Force Act, 1968 (hereinafter referred to as “the Act”) he has decided to institute proceeding against them before the Security Force … the service of persons subject to this Act;(f) the purposes and other matters required to be prescribed under section 13;(g) the convening, constitution, adjournment, dissolution and sittings of Security Force Courts, the procedure to be observed in trials

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Oct 17 1996

B.V. Ramnarayan Vs. State Bank of India, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Oct-17-1996

Subject : Labour and Industrial

Acts : State Bank of India (Supervising Staff) Service Rules - Rule 92; Border Security Force Act, 1968 - Sections 11(2)

Reported in : 1996(4)ALT753; (1997)ILLJ1007AP

in the Border Security Force was dismissed from service by the Commandant acting under Section 11(2) of the Border Security Force Act, 1968 on the ground that he was a deserter, without holding enquiry. Before the Supreme Court, the questions were … ORDER1. The action of the respondent-State Bank of India dated April 13, 1988 declaring that the petitioner voluntarily abandoned the service with effect from August 29, 1983 and thereby forfeited

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May 12 2011

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

Decided on : May-12-2011

Subject : Constitution

Acts : Border Security Force Act, 1969 - Section 117(2); Constitution of India - Articles 226, 227

the finding and sentence of the Security Force Court in terms of the provisions of Section 107 of Border Security Force Act, 1968. 20. Aggrieved by the finding and sentence awarded by the Security Force Court which stood confirmed by the … the petitioner. Mr.Tewari further told them that the said spare parts can be adjusted against one vehicle of 131 Bn BSF which is quite old and due for major repairs. On 06.12.2004 HC/MT R.P. Shukla returned from

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