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Union of India and Others Vs. Ex Constable Mohinder Singh (Deceased No ...

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2(1), 5, 14, 17, 20, 28, 46, 48, 70, 74, 117; Border Security Force Rules - Rules 16, 43, 45, 48, 49, 51, 139, 149(3 & 4), 157, 158, 167; Indian Penal Code (IPC), 1860 - Sections 323, 350 and 351; Constitution of India - Articles 14, 21, 33, 137 and 323-A; Industrial Disputes Act, 1947

Reported in : 91(2001)DLT291

enrolled in the Border Security Force (BSF) as a Constable in April 1988 and became subject to the Border Security Force Act (hereinafter the Act). and Border Security Force Rules (hereinafter the Rules). In October 1993 he was posted in … and other assailant Constables named above, were then tried by a Summary Force Court for committing offence under Section 20(a) of the Act. They were held guilty of the offence charged with and were convicted. While the … that despite there being no provision in the Constitution parallel to Article 137 conferring power of review on the High Court, this Court held as

Ajaib Singh Vs. Union of India

Court : Delhi

Subject : Service

Acts : Border Security Force Rules, 1969 - Rule 22

Reported in : 1997(40)DRJ710

under challenge on numerous grounds, including the one that the same is contrary to the provisions of the Border Security Force Act and the Rules framed there under and the same has been passed without complying with the procedure prescribed … thereforee, dismiss him from service with effect from 9-7-94 (FN) in terms of Section 11(2) of the Bsf Act, 1968 read with Rule 177 of Bsf Rules 1969.(2)Period of absence from 19.11.1993 to 8.7.94 (AN) be treated as

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 … the year 1996, the petitioner was posted at the Station Headquarters, BSF Siliguri and was attached to the 137 th Battalion of the BSF. While so serving with the 137th Battalion, the petitioner was served with a

Maganbhai Ishwarbhai Patel Etc. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Evidence Act - Sections 113

Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254

amendment.55. The only evidence was this area (which is otherwise uninhabited) was in parts occupied by an Indian security force. The existence of these Watch and Ward officers or the establishment of a polling booth for them at … to restoration of the status quo as at 1 January, 1965, in the area of the Gujarat-West Pakistan border, in the confidence that this will also contribute to a reduction of the present tension along the entire … 409/68). the appeals from the Delhi High Court's common judgment, 14 May, 1968 on certificate are by Mr. Shiv Kumar Sharma (C.A. No. 2118/68) and … the Jodhpur boundary as depicted in Pakistan Map 137. This agreement leaves out of the matters submitted … also conducted the case for India before the Tribunal.3. The Indian Independence Act of My 18, 1947, (an Act of the British Parliament) created from … was not a 'tribal area' as defined in Section 311 of the Government of India Act, 1935.Each

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Subject : Right to Information

on the movement of goods when there is no bar to the entry of goods at the State border or when it passes through a local area within which they are not sold, used or consumed?. (7) … 13 of the Constitution of India which declares that all laws in force in the territory of India immediately before the commencement of the Constitution … a federation. To achieve this, not only was there a division of the heads of legislation, but the financial resources were also divided and separate fiscs for the federation and the Provinces were established. The fields of … such petition that assailed the constitutional validity of the Haryana Local Development Act, 2000. Relying upon the decisions of this Court in Atiabari Tea Co. … venture to think, in construing words in a section of an Act of Parliament is not to

New York Vs. United States

Court : US Supreme Court

Subject : Land Acquisition

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.

Boumediene Vs. Bush

Court : US Supreme Court

Subject : Land Acquisition

impose detention to prevent acts of terrorism, the courts must accord proper deference to the political branches. However, security subsists, too, in fidelity to freedom’s first principles, chief among them being freedom from arbitrary and unlawful restraint … 5, 2007-Decided June 12, 2008* In the Authorization for Use of Military Force (AUMF), Congress empowered the President “to use all necessary and appropriate force … and Customs of England 33 (S. Thorne transl. 1968) (“The king must not be under man but … law is.” Marbury v. Madison , 1 Cranch 137, 177. These concerns have particular bearing upon the … Bay. The Government contends that noncitizens designated as enemy combatants and detained in territory located outside our Nation’s borders have no constitutional rights and no privilege of habeas corpus. Petitioners contend they do have cognizable constitutional rights … the detainees had no rights that could be vindicated in a habeas action. In the second, the judge held that the detainees had due process … were pending at the time of its enactment. Section §7(b)’s effective date provision undoubtedly applies to habeas

Dunaway Vs. New York

Court : US Supreme Court

Subject : Right to Information

jacket). United States v. Brignoni-Ponce, 422 U. S. 873 (1975), applied Terry in the special context of roving border patrols stopping automobiles to check for illegal immigrants. The investigative stops usually consumed Page 442 U. S. 211 … Nothing is more clear than that the Fourth Amendment was meant to prevent wholesale intrusions upon the personal security of our Page 442 U. S. 215 citizenry, whether these intrusions be termed 'arrests' or 'investigatory detentions.'" Id. … for Fourth Amendment purposes. "Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of … "arrest." Nevertheless, the Court held that even this type of "necessarily swift action predicated upon the on-the-spot observations of the officer on the beat" constituted … police voluntarily. People v. Morales, 42 N.Y.2d 129, 137-138, 366 N.E.2d 248, 252-253 (1977). [ Footnote 4

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court : Guwahati

Subject : Constitution

Acts : Armed Forces (Special Powers) Act, 1958 - Sections 3; Assam Disturbed Areas Act, 1955 - Sections 3; Constitution of India - Article 21; Central Reserve Police Force Act, 1949; Police Act, 1888

1949 (CRPF). Three other para-military forces were raised subsequently, namely, the Indo-Tibetan Border Police (ITBP) in 1962, the Border Security Force (BSF) in 1965 and the Central Industrial Security Force (CISF) in 1969, the Railway Protection Force in 1985. … during internal disturbances. Such a contingency arose once in Kerala in September, 1968 where the Union Government deployed the Central Reserve Police Force suo motu … Devi v. Rishang Keishang, (19S8) 2 Gauhati LR 137, Civil Liberties and Human Rights Organisation v P. … fourth in the series. Along with the Central Rule the Central Government under the Armed Forces (Special Powers) Act, 28 of 1958 (the Act of 1958) declared the entire State of Assam a disturbed area as it … the included areas called Excluded Areas and Partially Excluded Areas referred in Section 91 of the Government of India Act, 1935 and the Tribal Areas

Rumsfeld Vs. Padilla

Court : US Supreme Court

Subject : Land Acquisition

the United States”; and finally, (4) that he “represents a continuing, present and grave danger to the national security of the United States,” such that his military detention “is necessary to prevent him from aiding al Qaeda … invoked his authority as “Commander in Chief of the U. S. armed forces” and the Authorization for Use of Military Force Joint Resolution, Pub. L. … to avoid when it added the jurisdictional limitation 137 years ago. III Justice Stevens’ dissent, not unlike … for this petition. As the Court concludes, in the ordinary case of a single physical custody within the borders of the United States, where the objection has not been waived by the Government, the immediate-custodian and territorial-jurisdiction … York, where he was held in federal criminal custody. On May 22, acting through appointed counsel, Padilla moved to vacate the material witness warrant. Padilla’s … District does not have jurisdiction over Commander Marr. Section §2241(a)’s language limiting district courts to granting habeas