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Head Const. Hardev Singh Vs. Union of India and Others
Punjab and Haryana
Jan-11-2000
Criminal
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
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
Tag this Judgment! AI Brief & AskRakesh Sharma Vs. Union of India (Uoi) and ors.
Delhi
Aug-07-2008
Service
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
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
Tag this Judgment! AI Brief & AskGouranga Chakraborty Vs. State of Tripura and anr.
Supreme Court of India
Mar-31-1989
ServiceConstitution
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
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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Union of India and Another Vs. O.P. Bishnoi
Delhi
May-11-2000
Service
Border Security Force Act, 1968 - Sections 13; Constitution of India - Article 226; Border Security Force Act, 1969 - Rules 45 and 46
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
Tag this Judgment! AI Brief & AskP.C. Pande Vs. Union of India (Uoi) and ors.
Rajasthan
Nov-02-1978
Constitution
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
Tag this Judgment! AI Brief & AskRakesh Kumar Sharma Vs. Uoi
Delhi
Aug-05-2011
Service
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
Tag this Judgment! AI Brief & AskDr. Santosh Kumar Jha Vs. Central Bureau of Investigation
Delhi
Aug-20-2014
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
Tag this Judgment! AI Brief & AskSambhu Nath Sarkar Vs. the State of West Bengal and ors.
Supreme Court of India
Apr-19-1973
Criminal
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)
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
Tag this Judgment! AI Brief & AskS.A. Qadir Vs. the Union of India and ors.
Rajasthan
Apr-26-2000
Service
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
Tag this Judgment! AI Brief & AskChanchal Singh Vs. Union of India (Uoi) and ors.
Jammu and Kashmir
Aug-13-2003
Service
Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80
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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