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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 … on which the accused had no control, it may be inferred that the accused did such act intentionally. 55. Every member of the Force is required to conduct himself in a responsible manner which means that before

Ritesh Soni vs.union of India and Ors.

Court : Delhi

Subject : Land Acquisition

is to an order dated 6th August, 2018 passed by the Deputy Inspector General („DIG‟), SHQ of the Border Security Force („BSF‟), Siliguri directing the Commandant 155th BN BSF to conduct a de novo trial on the charge sheet … of „reprimand‟. W.P.(C) 5210/2019 Page 2 of 6 6. In exercise of the powers vested in him under Section 55 (2) of the BSF Act, 1968, the DIG SHQ BSF, summary trial proceedings were set aside on account … BSF Act and Rules, 1969. On 23rd June, 2017 a charge sheet under Section 34 (a) of BSF Act, 1968 was issued to the... Petitioner. The charge against him was that of making a false accusation against 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 … criminal court. It is further explained that the petitioner had not been dealt with under Section 53 or Section 55 of the BSF Act but the proceedings against him were merely set aside on technical grounds. The submission

Union of India (Uoi) and anr. Vs. S.S. Ranade

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2 and 141; Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 3, 6, 7 and 9; Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1989; Border Security Force Rules, 1969 - Rule 14A

Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499

the security of the borders of India and matters connected therewith, are governed by the provisions of the Border Security Force Act, 1968. Section 141 of the Border Security Force Act enables the Central Government, by notification, to make rules for the … Commandant (Selection Grade) holds the same post as a Commandant. Hence the retirement age for the respondent is 55 years. Accordingly, the appellants sought to retire the respondent on his attaining the age of 55 years. This

Kundan Singh Vs. the State of Rajasthan

Court : Rajasthan

Subject : Criminal

Reported in : 2001(1)WLN135

of the Code of Criminal Procedure and Sections 46, 47, 80 and Section 2 (a) & (d) of Border Security Force Act, 1968, hereinafter referred-to as 'the Act of 1968'. In support of the contention, learned Counsel has heavily placed reliance

Union of India Rep. By the Secretary Ministry of Home Affairs Vs. Ranj ...

Court : Supreme Court of India

Subject : Criminal

the PC Act. Only the Army Act, 1950; the Air Force Act, 1950; the Navy Act, 1957; the Border Security Force Act, 1968; the Coast Guard Act, 1978 and the National Security Guard Act, 1986 are the statutes included in Section … the Summary of Evidence was recorded. A charge-sheet was issued by the Convening Authority to the Respondents under Section 55 of the Assam Rifles Act, 2006 (hereinafter referred to as the “2006 Act”) for an offence punishable under

Const.Subhash Babu Vs. Union of India and ors.

Court : Delhi

Subject : Land Acquisition

dismissing the statutory petition filed by the petitioner against the order dated August 24, 2000 wherein the Summary Security Force Court held the petitioner guilty of the charges framed against him and sentenced him to undergo rigorous imprisonment … on August 20, 2000 a charge-sheet was framed and served upon the petitioner who was posted at the Border OutPost Parlihat when the alleged incident constituting the offence took place, listing two distinct offences committed by the … and for unauthorised absenteeism. The charges read as under:“CHARGE SHEET CHARGE-1 BSF ACT-1968 SEC-20(a) USING CRIMINAL FORCE TO HIS SUPERIOR OFFICER In that he, at … for unauthorised absenteeism. The charges read as under:“CHARGE SHEET CHARGE-1 BSF ACT-1968 SEC-20(a) USING CRIMINAL FORCE TO HIS SUPERIOR OFFICER In that he, at about

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

and legislative intent, the Apex Court held that the authority which disposed of a post-confirmation petition under the Border Security Force Act, 1968 and rules framed there under is not a court and every order passed administratively cannot be subjected to … of the respondents in requiring them to serve on the other side a copy of their application under Section 399(4) seeking leave to maintain a petition under Section 397 and 398 of the Companies Act. The petitioners … Jeffs v. New Zealand Dairy Production and Marketing Board (1967) 1 AC 551 : (1966) 3 All ER 863, the court made observations of a

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 … 'plead not guilty'.13. Mr. Sharma has produced the record of the proceedings of Summary Security Force Court containing 55 leaves. The proceedings of the Summary Security Force Court are from pages 51 to 55. On page 51

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Criminal

petition) was confirmed vide order dated 10.6.91 (Annexure-B to the writ petition) passed by the Inspector General of Border Security Force (for short BSF) Tripura, Cachar and Mizoram Frontier (Confirming Authority) and the communication being No. 6/57/97-Pet/CIO (D&L;)/BSF/O-14 dated … Security Force Court, not in criminal court, and the appellant/petitioner was charged under Section 46 of the BSF Act 1968 (for short 'the Act') for committing a civil offence that is to say committed an offence of rape, … may make rules consistent with the Code of Criminal Procedure and the Army Act, Navy and the Air Force Act and other law relating to the Armed Forces of the Union, for the time being in force. He … this appeal, are as follows:The appellant while in service as Sub Inspector, 55 Bn. B.S.F. attached to 8 Bn. B.S.F HQs Gokulpur, West Tripura, on