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

Court : Supreme Court of India

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, … to the trial of any such personfor an offence of desertion or for any of theoffences mentioned in Section 17 or shall affectthe jurisdiction of a criminal court to try anyoffence triable by such court as well as

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 … N.N. Mathur, J.1. This appeal is directed against the judgment of the learned Single Judge dated April 17, 1998, dismissing the writ petition filed by the appellant-writ petitioner, hereinafter referred-to as the petitioner' seeking direction to

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

and legislative intent, the Apex Court held that the authority which disposed of a post-confirmation petition under the Border Security Force Act, 1968 and rules framed there under is not a court and every order passed administratively cannot be subjected to … of the respondents in requiring them to serve on the other side a copy of their application under Section 399(4) seeking leave to maintain a petition under Section 397 and 398 of the Companies Act. The petitioners … respect of the scope of power of the appropriate government under Section 17(4) of the Land Acquisition Act. Under Section 17(4) of the Land Acquisition

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 … without such reference any offence punishable under any of the sections 14, 17 and 46 of this Act, or any offence against the officer holding

Const. Jaibir Singh Vs. Union of India

Court : Delhi

Subject : Criminal

Acts : Border Security Force Act, 1969 - Rule 45; Indian Penal Code (IPC) - Sections 34, 149, 120B

u/s 20(a) i.e. using criminal force to his superior (first charge) and Section 26 intoxication (second charge) of BORDER SECURITY FORCE Act 1968. All the three accused persons pleaded not guilty of 1st charge and guilty of 2nd charge, hence competent … may be complied with and accordingly vide SHC BORDER SECURITY FORCE Cooch Behar further vide their O.No.1010/3/Estt/SHQ-CBR/03/13875-78 dated 17 Oct. 2003, intimated that in pursuance of Ftr HQ BORDER SECURITY FORCE NB Sig No.A/4469 dated 07 Oct.

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the High Court directed remand in all the matters to the appellate authority under Section 117(2) of The Border Security Force Act, 1968 (hereinafter referred to as 'the Act' for short) for rewriting the order, giving reasons in support of the … Security Force Court shall not try without such reference any offence punishable under any of the Sections 14, 17 and 46 of this Act, or any offence against the officer holding the Court. Sub-section (3) provides that

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

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 … for which the petitioner has been indicted. 5. G.Panmei PW-1, DC/MT of SHQ BSF Teliamura deposed that on 17.11.2004 one Narender Pratap Singh, the son of the petitioner purchased one condemned Maruti Gypsy bearing registration No.TR- 01-664

Gurdip Singh Bath Vs. Union of India (Uoi)

Court : Punjab and Haryana

Subject : Service

had absented himself from duty without leave and therefore, had committed an offence unde Section 18 of the Border Security Force Act, 1968, (hereinafter referred to as 'the BSF Act') because he was declared a deserter. For such serious allegations as … the same from respondent. The petitioner continued in service and submitted another three months voluntary retirement notice dated 17.07.1993 with a request that the same be accepted with effect from 31.10.1993. The petitioner was informed by respondent

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 … 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 … Section 13 provides that the maximum period of detention shall be 12 months from the date of detention. Section 17 provides that a foreigner, in respect of whom a detention order is passed, may be detained without obtaining

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80

Reported in : 2003(3)JKJ381

dismissed from service vide the impugned order dated 18.11.1999. This punishment was imposed under section 18(1) of the Border Security Force Act 1968. As far as the commission of offence under Section 376/452 RPC is concerned, the authority i. e. the … Udhampur, the Commandant, 108 Bn. BSF where the accused was posted at the relevant time issued charge-sheet dated 17. 2. 1999.2. Petitioner was also ordered to be kept under close arrest vide a separate order passed by