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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 … respect to the second charge.(iv) There has been gross violation of the procedure prescribed under Rules 45-B, 48, 51-A and 59 of the Border Security Force Rules, 1969.6. It is on the above premises that the challenge

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 … to him.41. Once completed, the abstract of evidence is required to be placed before the Commandant. Under Rule 51, upon going through the abstract of evidence the Commandant can at that stage itself, inter alia dismiss the

Chokha Ram Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19, 21, 21(1), 21(2) and 22; Border Security Force Rules, 1969 - Rules 48, 48(3), 49(3), 51, 59 to 64, 142(1), 142(2) and 157

Reported in : 110(2004)DLT268; 2004(73)DRJ450; 2004(3)SLJ44(Delhi)

all subjected to any cross-examination on behalf of the petitioner. 8. In terms of Section 21 of the Border Security Force Act, 1968, where any person subject to the Act who disobeys in such manner as to show a willful defiance … be served on the petitioner along with a copy of charge sheet and record of evidence. 11. Rule 51 provides that in case of an enrolled person, on receipt of record of evidence or abstract thereof, the

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 … evidence was prepared in accordance with Rule 48 of the Rules and the charge was heard under Rule 51. The respondents refuted the contention of the petitioner that Court of inquiry is a condition precedent for the

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 … him under Rule 49 and thereafter dealt with the case under Rule 51 be the witness as envisaged under Rule 46. The authenticity of the

Yacub Kispotta and Others Vs. Director General BSF and Others

Court : Delhi

Subject : Land Acquisition

any inquiry or giving them opportunity to explain their alleged misconduct in accordance with its parent law, the Border Security Force Act, 1968 ("the Act") or the Border Security Force Rules, 1969 ( Rules ?) framed there-under. 2. The facts necessary … Section 14 (c),Section 2I-C, Section 22, Section 23, Section 36, Section 40, Section 47, Section 48, Section 49, Section 51, Section 64, Section 70, Section 74, Section 170, Section 171, Section 173, Section 174, Section 175 -Border Security

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 … novo against the petitioner. In this connection, he placed reliance on Section 51(a) of the BSF Rules, 1969. He submits that in the proceeding pertaining

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 … 12th Battalion in exercise of its power conferred upon him under Rule 51(2) (iii) decided to try the petitioner by a Summary Security Force Court. … 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

Union of India and Others Vs. Ex Constable Mohinder Singh (Deceased No ...

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2(1), 5, 14, 17, 20, 28, 46, 48, 70, 74, 117; Border Security Force Rules - Rules 16, 43, 45, 48, 49, 51, 139, 149(3 & 4), 157, 158, 167; Indian Penal Code (IPC), 1860 - Sections 323, 350 and 351; Constitution of India - Articles 14, 21, 33, 137 and 323-A; Industrial Disputes Act, 1947

Reported in : 91(2001)DLT291

enrolled in the Border Security Force (BSF) as a Constable in April 1988 and became subject to the Border Security Force Act (hereinafter the Act). and Border Security Force Rules (hereinafter the Rules). In October 1993 he was posted in … and other assailant Constables named above, were then tried by a Summary Force Court for committing offence under Section 20(a) of the Act. They were held guilty of the offence charged with and were convicted. While the … Reference is made by him to Rule 43, 45, 48, 49 and 51. As a matter of fact his submission is that there is a

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 … administer to him.62. Once completed, the record of evidence is required to placed before the Commandant. Under Rule 51, upon going through the record of evidence, the Commandant is empowered to inter alia dismiss the charges; or