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Jan 11 2000

Head Const. Hardev Singh Vs. Union of India and Others

Court : Punjab and Haryana

Decided on : Jan-11-2000

Subject : Criminal

Acts : Constitution of India - Article 227; Border Security Force Act, 1968 - Sections 46, 107 and 108; Border Security Rules, 1969 - Rule 48; Indian Penal Code (IPC), 1860 - Sections 302, 304 and 304A; Evidence Act - Sections 24

Reported in : 2000CriLJ2585

months from the receipt of the Court order. The respondents defended the vires of the provisions of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969 and contended that the same were in accordance with the provisions … and getting the same signed while the petitioner was under close arrest since 3-11-1991, reveals patent violation of Section 24 of the evidence Act and Rule 48(3) and (5) of the Rules, resulting in substantial injustice to the

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Aug 07 2008

Rakesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Aug-07-2008

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 21(2), 24, 35 and 46; Army Act; Evidence Act; Border Security Force Rules, 1969 - Rules 44, 45B, 45B(1), 45B(2), 48 and 53(2); Army Rules - Rule 149; Defence Service Regulations

Reported in : 152(2008)DLT663

T.S. Thakur, J.1. The petitioner is serving as Commandant in the Border Security Force. He is facing trial by the General, Security Force hereinafter referred to as GSFC for disobedience of lawful … and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed against the petitioner read as under:CHARGE SHEET The accused Shri Rakesh Sharma, Second-in-Command, IRLA No. … him, malingering and for making false allegations against his superiors punishable under Sections 21(2), 24(b) and 35(a) of the BSF Act, 1968. The charges framed

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Mar 31 1989

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Decided on : Mar-31-1989

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 … Appeal No. 22 of 1981 reversing the judgment and decree dated July 24, 1981 made by the additional District Judge, West Tripura District, Agartala setting … 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

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May 11 2000

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Decided on : May-11-2000

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

matter on merits. Investigation into an offence alleged to have been committed by a person subject to the Border Security Force Act 1968 (for short 'the Act') is dealt with under chapters V to VII of the Rules. For the present … (iv) Admission of inadmissible alleged confessional statements of the petitioner given to his superiors under duress, contrary to Section 24 of the Evidence Act. (v) Absence of independent corroboration of above statements in material particulars. (vi) Absence of

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Nov 02 1978

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Nov-02-1978

Subject : Constitution

Reported in : 1978(11)WLN435

working as Accountant-cum-Cashier in that year The petitioner was prosecuted for misappropriating property under Section 30 of the Border Security Force Act, 1968 (47 of 1968)(hereinafter referred to as the Act'), during the year 1975-76. He was convicted by the General … 1977. This letter was annexed with the copy of letter No. D. IX 110/77 (R & G)/24343-44 dated 24-10-1977 from the Head quarters Inspector General, Border Security Force (R & G), Jodhpur, addressed for the Deputy Inspector

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Aug 05 2011

Rakesh Kumar Sharma Vs. Uoi

Court : Delhi

Decided on : Aug-05-2011

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 … to conduct the COI. Accordingly this office vide order No.2001/ ISD Q/4Bn /BOO /Arms /COI /92 /742 dated 24 Jan”93 issued order in favour of Sh. R.K. Sharma, DC but it is not understood how the officer

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Aug 20 2014

Dr. Santosh Kumar Jha Vs. Central Bureau of Investigation

Court : Delhi

Decided on : Aug-20-2014

Subject : Land Acquisition

of the enquiry was of no legal consequence. Mr. Sinha submitted that there was no power under the Border Security Force Act, 1968 („BSF Act‟) for the BSF to have recorded the so-called confessional statement of the Appellant and it was … so-called confessional statement of the Appellant and it was hit by Sections 24, 25 and 26 of the Evidence Act 1872 („EA‟). The disclosure statement … Special Judge, CBI, New Delhi in Criminal Complaint No.101 of 2006 convicting the Appellant for the offence under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 („PC Act‟) and

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Apr 19 1973

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

Court : Supreme Court of India

Decided on : Apr-19-1973

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 … grounds of challenge to the validity of the said order.6. On October 24, 1972, the petitioner applied for urging additional grounds of challenge and on

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Apr 26 2000

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

Court : Rajasthan

Decided on : Apr-26-2000

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 … of this Court in State of Maharashtra v. Mayer Hans George, Cri. Appeal No. 218 of 1963, dated 24.8.1964; : [1965]1SCR123 . How to disprove mens rea has been succinctly stated in Halsbury's Laws of England, 3rd

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Aug 13 2003

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

Court : Jammu and Kashmir

Decided on : Aug-13-2003

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 … at 1630 Hrs. and was arrested by police on 29. 5. 1998 at 1600 Hrs i. e. within 24 hours that too for his alleged involvement in an offence. No circumstances has been shown or even alleged

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