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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 … NDPS Act') gives to any other person. In other words, the protection available, in the form of Sections 42 and 50 of the NDPS Act, shall be applicable to the case of even an army personnel, for,

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

Gajendra Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 46, 47, 47(1), 80, 81 and 141(2); Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC) - Sections 307, 323 and 452; Border Security Force Rules, 1969 - Rules 41, 41(1) and 42; Code of Criminal Procedure (CrPC) , 1974 - Sections 192, 439 and 475; Criminal Courts and Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 2, 3, 4, 5, 6 and 8; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4; Constitution of India; Air Force Law

Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31

the learned Sessions Judge, Jodhpur, whereby he allowed the application dated 23-5-1994 filed under Section 80 of the Border Security Force Act, 1968 (in short, 'the Act') by the D. I. G., B. S. F., Bikaner (non-petitioner No. 2) and directed … 41 of the Border Security Force Rules. 1969 (in short, 'the Rules, 1969'), but those fall within Rule 42 and, therefore, such a case should not be tried by the Security Force Court. He has asserted that

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 10, 11, 11(2), 11(3), 11(4), 19 and 62; ;Border Security Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(6), 21, 22, 22(2), 28A, 48, 49, 167, 168, 170 to 176 and 177; ;Border Security Force Rules, 1968 - Rules 20, 21, 22(2) and 177

Reported in : 2005(3)JKJ159

Dias non. This order has been challenged on the ground that no inquiry under Section 62 of the Border Security Force Act, 1968 read with rules 170 to 176 of the Border Security Rules, 1969 was held against him. He was … imprisonment in Force Custody under Section 19(a) of the BSF Act 1968 for remaining absent without leave for 42 days w.e.f. 22-5-1991 to 2-7-1991. He was also awarded 28 days rigorous imprisonment in Force Custody for remaining

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

of Jurisdiction) Rules 1969'.27. The following rules are relevant for the purposes of the present petition:-Rules 41 & 42 of the Border Security Force Rules, 1968:- '41. Trial of cases either by Security Force Court or Criminal … 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

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 … intercepted such case where crores of smuggling was going under command of Shri Ghanshyam Singh, then Commandant of 42 Bn BSF. He reported the matter to his superiors which is on record and has come in evidence

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

Court : Supreme Court of India

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 … (5) that Section 6(6)(d) and (e) of the Defence of India Act, 42 of 1971 increasing the detention period from 12 months to 3 years

Ex Cdre. Narinder Pandit Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Subject : Right to Information

excludes the jurisdiction exercisable by the procedure applicable to Army Act, Navy Act, Air Force Act and the Border Security Act. By such exclusion, the court martial was competent even to make trial of the individual when the … SCC 161). Though it related to Sections 64, 70, 74, 117(1)(2) and 141 of the Border Security Forces Act 1968, the question was whether the court was to give reasons in support of its verdict. Placing reliance on … rank and precedence according to their respective positions in the Indian Navy.” 42. A perusal of the aforesaid Regulations shows that the Captains and other … was found guilty of Charge Nos. 1 and 2 under Navy Act Section 60(d), Charge Nos. 8 and 9 under Navy Act Section 54(2), Charge

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

Ex. Const. Kailash Chander Vs. Uoi and ors.

Court : Delhi

Subject : Land Acquisition

SUDERSHAN KUMAR MISRA S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioner, who is a serving employee of the Border Security Force (BSF), challenges his dismissal order made on 9.9.2005, pursuant to an incident which is alleged to have occurred … that PW-4 too was charged for the offence and had to suffer 42 days rigorous imprisonment. Obviously, his version, which was coloured and slanted, in … be relevant to reproduce the charges leveled against the petitioner; they are extracted as below: IST CHARGE BSF ACT 1968.SEC-26 INTOXICATION in that he, at Bangoan on 05.09.05 at 1400 hrs was found in a state of … proceedings after the conclusion of evidence, akin to the statement made under Section 313 Cr.P.C. The extract of the statement is as follows: Answer by