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Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 4, 87, 107, 117 (2) and 118; Constitution of India - Articles 14, 217, 226 and 227; Army Act, 1959 - Sections 164(2); Border Security Force Rules - Rules 167 to 169

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

J.1. Whether a personal hearing is required before disposing of a petition filed under Section 117(2) of The Border Security Force Act, 1968 ('Act' for short) against an order of the Summary Security Force Court? This in short is the question

Sees Ram Vs. Union of India

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 11(2)

Reported in : 63(1996)DLT890; 1996(38)DRJ663

by the Commandant, 67 Bn., Border Security Force in exercise of powers conferred under Section 11(2) of (he Border Security Force Act, 1968 (hereinafter referred to as 'the Act') along with all consequential reliefs. (2) The petitioner was enlisted as Constable

B.V. Ramnarayan Vs. State Bank of India, Hyderabad and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : State Bank of India (Supervising Staff) Service Rules - Rule 92; Border Security Force Act, 1968 - Sections 11(2)

Reported in : 1996(4)ALT753; (1997)ILLJ1007AP

in the Border Security Force was dismissed from service by the Commandant acting under Section 11(2) of the Border Security Force Act, 1968 on the ground that he was a deserter, without holding enquiry. Before the Supreme Court, the questions were

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), (4), 19, 48, 59 and 141; Border Security Force Rules, 1969 - Rules 6 and 177; Constitution of India - Article 311

Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)

dismissed from service by the Commandant by order dated January 5, 1972 in accordance with the provisions of Border Security Force Act, 1968 and the Rules framed thereunder.6. The Munsiff held that the plaintiff was given reasonable opportunity before the Commandant … February 3, 1972. No relief was granted to him.4. The appellant as plaintiff after serving a notice under Section 80 of the CPC and as no redress was given to him, filed Title Suit No. 33 of … the Gauhati High Court on July 15, 1987 in Second Appeal No. 22 of 1981 reversing the judgment and decree dated July 24, 1981 made

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 46, 47, 47(1), 80, 81 and 141(2); Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC) - Sections 307, 323 and 452; Border Security Force Rules, 1969 - Rules 41, 41(1) and 42; Code of Criminal Procedure (CrPC) , 1974 - Sections 192, 439 and 475; Criminal Courts and Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 2, 3, 4, 5, 6 and 8; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Constitution of India; Air Force Law

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

the learned Sessions Judge, Jodhpur, whereby he allowed the application dated 23-5-1994 filed under Section 80 of the Border Security Force Act, 1968 (in short, 'the Act') by the D. I. G., B. S. F., Bikaner (non-petitioner No. 2) and directed

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 … if the offence has been committed while on active duty. The expression ‘active duty’ has been defined under Section 2(1)(a) of the Act, it reads as follows:“2. Definitions.-(1) In this Act, unless the context otherwise requires,-(a)”active duty”, in

Constable Basavaraj Vs. the Union of India (Uoi) and ors.

Court : Karnataka

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 117 and 117(2); Constitution of India - Articles 225 and 311; Border Security Force Rules

Reported in : [2005(107)FLR468]; ILR2005KAR3513

Petitioner from service on the ground that he was found guilty of charge under Section 20(a) of the Border Security Force Act, 1968 (in short, 'the Act').2. The Petitioner has prayed for the following reliefs:-(a) to quash the order of dismissal

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 … Force'. After trial, the General Security Force Court, hereinafter referred to as the Force Court', by order dated 25.4.1987 held the petitioner guilty of offence u/s 40 of the Act and awarded the punishment to 'take rank

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 … and the Director General, Border Security Force, New Delhi against a decision of the Delhi High Court dated 25.8.1994 in CWP No. 5042 of 1993 which was filed by the respondent against the appellants. The point in

Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...

Court : Karnataka

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 6, 9, 10, 11, 14 to 46, 48, 48(1), 49, 50, 64, 70 and 117; Central Police Act, 1949; Army Regulations; Army Rules; Central Civil Services Pension Rules - Rule 25; Pension Rules - Rules 3 and 25; Constitution of India - Articles 22 and 311

Reported in : 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)

dismissed.34. Petitioner is a Member of the Border Security Force which is a paramilitary force created under the Border Security Force Act, 1968. This Force was part of Central Police Act, 1949. It was given a separate identity as Border Security … of the Force, but also for bringing disrepute to the Force which is an offence in terms of Section 40 of the Act3. Such action had been taken as a follow up on the complaint lodged by … regularized as per rules.6. The operative portion of the appellate order dated 28.5.2005 [copy at Annexure-D] reads as under:Therefore, I commute the sentence to three