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Ex. L/Nk Vimal Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 26, 48, 70 and 117(2); ;Army Act; ;Army Rules - Rules 115, 115(2), 115(2A) and 125; ;Navy Act; ;Armed Forces Act; ;Border Security Force Rules, 1969 - Rules 33(2), 43, 45, 45B, 46, 48(3), 49, 51, 62, 81, 81(3), 101, 101(3), 142, 142(2) and 157; ;Border Security Force Rules, 1965 - Rules 48(3), 49(2) and 49(3); ;Constitution of India - Article 14

(hereinafter referred to 'SSFC' for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to 'BSF Act' for brevity) and the sentence of dismissal from service. The petitioner also assails … dated 27th December, 1998 and under open arrest with effect from 6th January, 1999 in terms of Rule 33(2)(a) of the BSF Rules.11. On a consideration of the abstract of evidence, the Commandant passed an order dated

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 … of holding the enquiries and trials. The Parliament in its wisdom in exercise of its powers under Article 33 has enacted this law and the officers are to be guided by factors like exigencies of service, maintenance

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 … Court is limited.12. India, i.e., Bharat proclaims equality to all persons. Article 33 of the Constitution of India is an exception to the said rule … 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

Rama Kant Shukla Vs. Union of India and anr.

Court : Delhi

Subject : Land Acquisition

contention of the respondent on the other hand is that there is no requirement under provisions of the Border Security Force Act and Rules thereunder for the SSFC to give reasons while giving findings of guilty or not guilty and … accused No.860020697 Const. Rama Kant Shukla of Arty Bat (HQ1011BSF Arty Regt), Charged with: CHARGE - I BSF Act 1968, Section 20 (a) ASSAULTING HIS SUPERIOR OFFICER In that he, at 2100 hrs on 21/6/95 at Gun Area Kanzalawan,

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 … AIR 1965 SC 247 : (1964) 5 SCR 931 Ram Sarup vs. UOI & Anr. held that Article 33 of the Constitution of India expressly empowers the Parliament to determine by law the extent to which any

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

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19, 26 and 40; Border Security Force Rules - Rules 33, 45 and 157

Reported in : 116(2005)DLT607; 2005(80)DRJ263; 2006(2)SLJ240(Delhi)

the petitioner on both the charges and it was, accordingly, decided to try him by holding a Summary Security Force Court. He was informed about his SSFC trial in the morning on 25th of March, 1999 and was … heavily intoxicated and bleeding from right ear. Since the incident took place in close proximity to the international border, it was viewed seriously and the petitioner was placed under suspension by an order dated 28.9.1998. The petitioner … the morning on 25th of March, 1999 and was informed under Rule 33 of BSF Rules to prepare his defense. To facilitate this, copies of … civilian, in violation of Unit order No.HQ/127 Bn/SOP/97/22644-54 dated 01.12.97IIND CHARGE BSF ACT - 68 SECTION 26INTOXICATIONIn that he, while deployed at BOP Goalpara on

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

Court : Punjab and Haryana

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 … legislative classification being ultra vires of Articles 14, 16, 21, 22 and 33 read with Article 13 (2) of the Constitution. The petitioner also prayed … the charge-sheet dated 14th May, 1992. The charge-sheet was served on the petitioner for committing civil offence under Section 46 of the BSF Act, i.e. the offence of murder, punishable under Section 302 of the Indian Penal

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

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

P.B.Bansal Vs. Uoi and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act 1968 - Sections 108, 11(1)

the trial was sent to the Inspector General BSF for confirmation as contemplated by Section 108 of the Border Security Force Act 1968 (hereinafter referred to as "The Act"). Vide order dated 28.04.1995, exercising powers under Section 113 of the Act, … a sum of `600/- (Rupees six hundred) only, from No.66777358 Constable Chhabi Ram for procuring his transfer from 33 Bn BSF to BSF Academy Tekanpur.SECOND CHARGE BSF AGREEING TO OBTAIN FOR HIMSELF BSF ACT SEC 41(e) GRATIFICATION