Advanced Search Results

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

Court : Supreme Court of India

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 State of Jammu and Kashmir and Ghulam Mohammad Sheikh have preferred separate special leave petitions under Article 136 of the Constitution of India.Leave granted.We have heard Mr. Gaurav Pachnanda, Senior Advocate on behalf of the appellant,

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

Court : Supreme Court of India

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

State of J and K Vs. Lakhwinder Kumar and ors.

Court : Supreme Court of India

Subject : Education

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 State of Jammu & Kashmir and Ghulam Mohammad Sheikh have preferred separate special leave petitions under Article 136 of the Constitution of India. Leave granted. We have heard Mr. Gaurav Pachnanda, Senior Advocate on behalf of

Ex. Ct. Madan Mohan vs.union of India & Anr.

Court : Delhi

Subject : Land Acquisition

sentenced to dismissal from service vide Annexure P-5 (Colly) as well as Ministry of Home Affairs, Directorate General Border Security Force letter dated Feb 2005, upholding the said findings and sentence. W.P. (C) 4810/2015 Page 1 of 28 (ii) … was appointed though, no affirming of the interpreter, as required under Rules 134 and 136 of the BSF Act, 1968 and Rules, 1969 was carried out; (ii) petitioner was not provided with the copy of statement of witnesses; … For certain acts, the petitioner was proceeded by SSFC on charges under Section 20(b), 20(c), 19(f) and 26 of the BSF Act, which resulted in

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 … the 1955 Rules, captioned 'Special Provisions Relating to the Border Security Force'. This Chapter covers Rules 117 to 136 and indeed, subsequently in the 'New' or 1975 Rules, these provisions have been materially reproduced.3. What is not

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

is also entitled to costs, which is quantified at Rs. 5,000/-._ Service - discharge - Sections 87 of Border Security Force Act, 1968 - dismissal Order and punishment challenged on ground of violation of fair trial - 'A' witness in proceeding … decision is subject to the appellate jurisdiction of this Court under Article 136 of the Constitution as well as the supervisory jurisdiction of the High … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

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 … and quasi-judicial authorities to this court by special leave granted under Article 136. A judgment which lies not disclose the reasons, will be of little

Kundan Singh Vs. the State of Rajasthan

Court : Rajasthan

Subject : Criminal

Reported in : 2001(1)WLN135

of the Code of Criminal Procedure and Sections 46, 47, 80 and Section 2 (a) & (d) of Border Security Force Act, 1968, hereinafter referred-to as 'the Act of 1968'. In support of the contention, learned Counsel has heavily placed reliance … the New Code). The matter was carried to the Supreme Court by way of Special Appeal under Article 136 of the Constitution. The Apex Court held that Section 549(1) Cr. P.C. and the Rule 3 thereunder were

Union Of India Vs. Jogeshwar Swain

Court : Supreme Court of India

Subject : Land Acquisition

of an offence under Section 40 Civil Appeal Nos. 8629-8630 of 2014 Page 2 of 31 of the Border Security Force Act, 1968 (in short, “BSF Act, 1968”), that is for committing an act prejudicial to the good order and discipline … sound view of the matter, it would not be a fit case where the discretionary powers under Article 136 of the Constitution of India be invoked to set aside an order whereby substantial justice has been done.16.

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 … 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 … Purswani, Commandant, i.e. the Court was affirmed as interpreter as per Rule 136 of BSF Rules, 1969. On being arraigned by the Court, the accused