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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 … employment though it may be for 240 days in a calender year (Ref : : AIR 2005 SC 3966 : (2005) 5 SCC 591 General Manager, Haryana Roadways v. Rudhan Singh).(ii) If the workman has rendered considerable

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 … the offence under this section. This conclusion is further supported by the language used in Sections 14 to 39 and 41 to 46 of the BSF Act and mens rea has not been excluded. Legal provisions creating

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 … The Chief of Army Staff, New Delhi, AIR 1986 SC 1060, wherein Hon'ble Supreme Court held:-'Sections 38 and 39 and Sections 104 and 105 make a clear distinction between 'desertion' and 'absence without leave', and Section 106

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 … though it may be for 240 days in a calender year (Ref : MANU/SC/00408/2005 : AIR 2005 SC 3966 : (2005) 5 SCC 591 General Manager, Haryana Roadways vs. Rudhan Singh). (ii) If the workman has rendered

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

Court : Delhi

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 … learned Single Judge was that the respondent was tried by General Security Force Court on a charge under Section 31(b) of the Border Security Force Act (for short the Act) namely :- without proper authority extract from … shows that the court was presided over by Mr. S.C. Yadav, Commandant, 39 Bn BSF, and having four other Members, Mr. K.J. Keswani, Dy. Commandant,

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … 27.10.2000Brought a local womanto NakaMachan, while performingambushDuty in the area of BOPLachugachhOn International BorderwithBangladesh.BSF ACT BSF ACT 1968 SECTION-26SECTION -26 INTOXICATIONCHARGE-IIIn that he,At about 22.30 hrs.on 27.10.2000,While an ambush dutyin area ofBOP Lachugachh foundin a stateof intoxication2. … the reasons contained in the order under challenge. 24. Thereafter, in paragraph 39 of the said judgment, the Supreme Court after emphasizing that the requirement

In Re: for Stay (Can 6546/05)

Court : Kolkata

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … performing ambush Duty in the area of BOP Lachugachh On International Border with Bangladesh.BSF ACT BSF ACT 1968 SECTION-26 SEC-26 INTOXICATION CHARGE-IIIn that he, At about 22.30 hrs. on 27.10.2000, While an ambush duty in area of … with the reasons contained in the order under challenge.20. Thereafter, in paragraph 39 of the said judgment, the Supreme Court after emphasizing that the requirement

Sub.inspector Gurbachan Singh Vs. Uoi and ors.

Court : Delhi

Subject : Land Acquisition

the BSF Act, 1968 to the confirming authority.25. Thereafter the petitioner preferred petition under Section 117(2) of the Border Security Force Act, 1969 to the Director General, BSF, Ministry of Home Affairs, Govt. of India, which petition was rejected vide

Dharambir Singh Vs. Union of India and ors.

Court : Delhi

Subject : Education

appended.15. Considering the Record of Evidence the Commandant opined that the petitioner should be tried at a Summary Security Force Court and for which he drew up a charge-sheet on May 09, 2000 and served the same upon … Ct.Rajesh Sharma and he were directed by the petitioner to check the border fencing and patrol the naka point. Accordingly, they left the naka point … the same upon the petitioner on the same day. The charge-sheet reads as under:“ I. BSF ACT - 1968 SECTION - 16 (d) LEAVING HIS PIQUET WITHOUT ORDERS FROM HIS SUPERIOR OFFICE In that he, at Naka duty

Dr. Santosh Kumar Jha Vs. Central Bureau of Investigation

Court : Delhi

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 … 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