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Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Civil

Acts : Border Security Force Act - Sections 87, 74, 99, 117, 117(2), 139 and 164(2); ;Border Security Force Rules - Rules 148, 149 , 167 to 169; ;Army Act, 1958 - Sections 116; ;Army Rules - Rules 62, 103 to 133 and 133-161; ;Code of Criminal Procedure (CrPC) - Sections 378(3); ;Constitution of India - Articles 33, 136, 226 and 227

Reported in : 2006(87)DRJ108

issue involved in these group of petitions is whether in an order passed under Section 117 of the Border Security Force Act(hereinafter referred to as the `BSF Act') in dealing with appeals against the orders of Security Force Court and … We may notice that the Act which was enacted in the year 1968 even sought to fill up the gaps occurring in other Acts like … charges and may, if necessary, adjourn for that purpose.(9) In any case where the court is empowered by Section 139 to find the accused guilty of an offence other than that charged, or guilty of committing an offence

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

Court : Supreme Court of India

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 … : Selection Grade - 185 (Rs. 4500-5700) 223 Ordinary Grade - 38 (Rs. 4100-5300) 7. Second-in-Command (Rs. 4100-5300) 139 8. Deputy Commandant/Joint Assistant Director (Rs. 3000-4500) 785 9. Assistant Commandant (duty posts) (Rs. 2200-4000) 1111 10. Deputation

Sambhu Nath Sarkar Vs. the State of West Bengal and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Maintenance of Internal Security Act, 1971 - Sections 10, 17, 17A, 17A(1) and 17A(2); Constitution of India - Articles 19, 14, 22; Indian Penal Code (IPC), 1860 - Sections 143, 425, and 506; Code of Criminal Procedure (CrPC) - Sections 107, 110 and 110(F)

Reported in : AIR1973SC1425; (1973)1SCC856; [1974]1SCR1

or attempts to enter in an area adjoining the borders of India specified under Section 139 of the Border Security Forces, Act, 1968 without a travel document, or where the Central Government has reason to believe that such … to enter in an area adjoining the borders of India specified under Section 139 of the Border Security Forces, Act, 1968 without a travel document, or where the Central Government has reason to believe that such a

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

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 … and he shall be required to plead separately to each charge.' Rule 139 of the BSF Rules, an accused is entitled to object to any … 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

Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.

Court : Guwahati

Subject : Constitution

Acts : Commissions of Inquiry Act, 1952 - Sections 2(2) and 3; Border Security Force Act, 1968 - Sections 4

BSF vesting in the Central Government by virtue of what has been stated in Section 4 of the Border Security Force Act inasmuch as Commission of Enquiry is a fact finding body and by appointing such a Commission no control … The Central Government can suo motu deploy the force in any State.' 15. The BSF Act 47 of 1968 and the rules promulgated under the Act were heavily relied in support of the writ petitions therefore we … with revision applications. In Chapter X miscellaneous matters are dealt in Sections 139 to 142. 17. When civil authorities invited BSF in aid of civil

Union of India Rep. By the Secretary Ministry of Home Affairs Vs. Ranj ...

Court : Supreme Court of India

Subject : Criminal

the PC Act. Only the Army Act, 1950; the Air Force Act, 1950; the Navy Act, 1957; the Border Security Force Act, 1968; the Coast Guard Act, 1978 and the National Security Guard Act, 1986 are the statutes included in Section … case punishable under the PC Act. The GARC rejected the preliminary objections raised 3. by the Respondents under Section 139 of the 2006 Act by an order dated 09.01.2017. Aggrieved by the said rejection order, the Respondents filed

Baljinder Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Subject : Service

Reported in : 2006(3)SLJ392(P& H)

decision of the Summary Security Force Court, the petitioner preferred a statutory petition under Section 117 of the Border Security Force Act, 1968 along with an application under Section 130 of the Act for suspension of the sentence imposed upon him. … with the procedure laid down in Chapter XI of the Rules. It will be apposite to refer Rules 139, 142 and 145, which read as follows:139. Objection by accused to charge--The accused, when required to plead to

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

Subject : Land Acquisition

234, 235 and 236 thereof. In the case at hand, the offences complained of have arisen under the Border Security Force Act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete Code as regards the offences, as … a trial by Summary Security Force Court (SSFC) are prescribed under Rule 139 and 161 of the BSF Rules applicable to such proceedings. Rule 139 … was tried at one trial. There, the Court had occasion to consider the three exceptions laid down in Section 233 of the Criminal Procedure Code, 1898, as well as Sections 234, 235 and 236 thereof. In the

Pravin Bataniya vs Union of India & Anr.

Court : Delhi

Subject : Right to Information

and has challenged his dismissal from service vide the impugned order dated 30.11.2020 under Section 11 of the Border Security Force Act, 1968 (the Act) read with Rule 177 of the Border Security Force Rules, 1969 (the Rules) and Rule 22(1)(b) … petitioner did not object to the charge framed against him though such a right is conferred under rule 139. Similarly, the procedure laid down under rule 145 also appears to have been complied with.”32. So, it is