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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 act … the Competent Authority. The appellant shall be entitled to all consequential monetary and service benefits. Cost easy. (a) Border Security Force Act, 1968 - Section 40--Border Security Force Rules, 1969--Rules 44 to 46--Disciplinary proceedings against an officer of BSF--Articles of charge signed by an

Shri Kantilal Bhanudas Dukare a/P Raogaon, Tal.Karmala, Dist.Solapur. ...

Court : Mumbai

Subject : Land Acquisition

Acts : Constitution of India - Article 226; Border Security Force Act 1968 - Sections 40 and 46,; Prevention Of Corruption Act 1988 - Section 7,

from India. The Petitioner was accordingly charge sheeted under the provisions of Sections 40 and 46 of the Border Security Force Act 1968. The charges levelled against the Petitioner are as under :Charge BSF Act, Sec.401stAN OMISSION PRE JUDICIAL TO GOOD … said to be a cattle smuggler from India. The Petitioner was accordingly charge sheeted under the provisions of Sections 40 and 46 of the Border Security Force Act 1968. The charges levelled against the Petitioner are as

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

Court : Rajasthan

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 … money under Section 30(b) of the Act Besides this there was a seventh charge against the petitioner under Section 40 of the Act in respect of unauthorised possession of the keys of the Treasury Chest of the Headquarters

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.

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

Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 40, 45(B), 46, 48, 89, 107, 108 and 117; ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3; ;Prevention of Corruption Act, 1987 - Section 13(1) and 13(2); ;Border Security Force Rules, 1969 - Rules 45B, 48, 51, 51A, 59, 73 and 167; ;Prevention of Corruption (Amendment) Act, 1998 - Section 13; ;Army Act - Sections 52 and 63; ;Evidence Act; ;Constitution of India - Articles 226 and 227; ;Army Rules - Rules 22 and 149; ;Defence Service Regulations; ;Code of Criminal Procedure (CrPC)

Reported in : 2006(2)JKJ255

of Smuggling Activities Act, 1974 could not be established and a fresh charge under Section 46 of the Border Security Force Act, 1968 for committing offence in terms of Section 13(1)(e) of the Prevention of Corruption Act, 1988 came to be … the appellant was charged under Section 20(b) of BSF Act. However, he was tried for an offence under Section 40 of the Act by the General Security Force Court. The challenge to the conviction failed before the writ

Dipak Kumar Chakraborty Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 35, 40, 41, 48, 50, 51 and 117; Border Security Force Rules, 1969 - Rules 45 and 51; Railway Protection Force Rules

B.K. Sharma, J.1. The petitioner who is a retired Commandant of Border Security Force (B.S.F.) has assailed the legality and validity of the order of penalty passed against him and subsequent denial … Commandant was taken up for proceeding under General Security Force Court (G.S.F.C.) on the following charges:'1st Charge, BSF Act, 1968 Section 40:An act prejudicial to good order and discipline of the force:In that he, at SHQ N & M while

Ex.-const. Driver Bhagirath Singh, S/O Sri Budhi Ram Vs. Union of Indi ...

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19 and 40; Border Security Force Rule - Rules 45 and 63

Reported in : 122(2005)DLT134; 2005(83)DRJ37

water while undergoing rigorous imprisonment was disproportionate is the point for consideration in this petition.2. The petitioner joined Border Security Force as Constable on 1st March, 1990 at BSF, STC Jodhpur. He was posted at SHQ BSF, Siliguri with … to the quarter guard on 5th September, 1997 when he allegedly refused to eat. He was charged under Section 40 of the BSF Act and was tried by a Summary Security Court and was sentenced to dismissal from … and voluntarily reported for duty after 31 days. He was consequently tried summarily under Section 19(a) of BSF Act, 1968 and awarded punishment of 14 days RI in the forced custody on 5th September, 1997. He was sent

Devender Kumar Vs. Union of India and Others

Court : Delhi

Subject : Education

by this Court be paid within four weeks. With these directions and observations, the writ petition is allowed. Border Security Force Act 1968 - Section 22-E and 40 - Difference between “misconduct reinstatement” and illegal termination - misconduct reinstatement refers to

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Service

Acts : Constitution of India - Articles 14, 16, 21 and 226;; Border Security Force Act, 1968 - Sections 14, 16, 17, 40, 46,47, 74, 74(1)(2), 115, 116, 117 and 167(2);; Border Security Force Rules - Rules 51(2), 142(2), 143, 143(2), 145, 147, 148, 149, 157 and 159

Reported in : (1999)2CALLT107(HC)

Admittedly the charges against the petitioner came within the purview of section 16(d) and section 46 of the Border Security Force Act which read thus :--'16. Offences punishable more severely on active duty than at other times--any person subject to … Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picauet without orders from his