Advanced Search Results

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 … 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 … that full review of finding and/or sentence in confirmation proceeding under Section 153 is provided for is poor solace. A hierarchy of courts with appellate

Sukhwinder Singh Vs. Union of India and Another

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Articles 20(3), 214, 226 and 241

Reported in : 1996CriLJ3892

of Jammu. (2) The petitioner has not exhausted the remedy available to him under Section 117(2) of the Border Security Force Act, 1968 against his conviction and sentence. Thus, the petitioner has not availed of the aforesaid statutory remedy and, thereforee, … such legal fiction can be created to give jurisdiction to the Delhi High Court to entertain this petition. 15. Since the learned counsel for the petitioner has relied on the provisions of Sections 65, 107 and 108

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 … 107 and 108 - Border Security Force Rules, 1969 - Rules 14A, 15, 16, 44, 45B and 46 - The services of a Deputy Commandant … 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

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 113, 114 and 115; CCS(CCA) Rules, 1965 - Rule 15(2); Board Security Force Rules, 1969 - Rule 160

and perused, the records. 6. Admittedly, for commission of civil offence as defined under Section 46 of 'the Border Security Force Act, 1968' (shortly the Act), the SSFC was assembled to enquire/try the petitioner on the charge framed and after recording … guilty' and recorded its findings as quoted in the preceding paragraph and that was done pursuant to Rule 159 of the Rules, Rule 159 of the Rules postulates that 'the sentence of a Summary Security Force Court

ex.head Constable Moti Singh vs.uoi & Ors.

Court : Delhi

Subject : Land Acquisition

involved in this writ petition is whether the Summary Security Force Court constituted under Section 64 of the Border Security Force Act 1968, was justified in imposing on the petitioner the sentence of rigorous imprisonment for 6 months in civil prison … terms of Section 13 (1) (E) of the Prevention of Corruption Act, 1988.5. According to the petitioner, on 15th January 2005, the petitioner was handed over a copy of the chargesheet and on the same day, in

Rakesh Kumar Sharma Vs. Uoi

Court : Delhi

Subject : Service

Acts : Border Security Force Act 1968 - Section 35

the Initiating Officer can sufficiently be justified, we dismiss the writ petition but refrain from imposing any costs. Border Security Force Act 1968 - Section 35 - Falsifying official documents and false declarations -- A letter dated 15.04.1993 highlights the poor functioning of

Ex.Const.Ram Kumar Vs. Uoi and anr.

Court : Delhi

Subject : Land Acquisition

of the above captioned is that on April 25, 1988 the petitioner was enrolled as a Constable in Border Security Force.2. Pertaining to an incident dated August 18, 2002 as per which the petitioner was found absent from … the convening of the Summary Security Force Court as required by Rule 157 of the BSF Rules. (v) Petitioner was not provided with the Hindi … Record of Evidence the Commandant framed charges against the petitioner which read as under: IST CHARGE INTOXICATION BSF ACT - 1968 SECTION - 26 in that he, at 67 Bn BSF Panjipara where he was undergoing SLC Phase-II on

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 … put to trial for the charge of Kidnapping and murder of Omprakash and Ram Narain, residents of village 15-H. On 31st July, 1988, P.W. 18 Shri B.P. Ingley, Deputy Commandant, 122 Battalion, Border Security Force, lodged an

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

Court : Rajasthan

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 … the petitioner was denied the opportunity to produce the witnesses in defence. The petitioner submitted an application on 15th April, 1987 and requested the Commandant to issue summons for the following witnesses:1. Shri M.C. Misra, DG, BSF2.

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 … make his defence by not providing a proper friend of the accused who is statutorily mandated under rule 157 to assist the petitioner in preparing his defence to the charges and allegations levelled against him.13. The petitioner