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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

Union of India and ors. Vs. Rakesh Kumar Etc.

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 8; Border Security Force Rules, 1969 - Rule 19; Central Civil Services (Pension) Rules, 1972 - Rules 3, 13, 26, 29, 35, 36, 48, 49 and 54; Code of Civil Procedure (CPC), 1908 - Sections 80; Fundamental Rules - Rule 56

Reported in : AIR2001SC1877; [2001(89)FLR599]; JT2001(4)SC306; 2001LabIC1406; 2001(3)SCALE150; (2001)4SCC309; [2001]2SCR927; 2001(2)SCT1085(SC); 2001(3)SLJ257(SC); (2001)2UPLBEC1163

more years but less than 20 years are entitled to pension/pensioner benefits under the relevant provisions of the Border Security Force Act, 1968 (hereinafter referred to as 'the BSF Act') and the Border Security Force Rules, 1969 (hereinafter referred to as … qualifying service or Rule 48-A of the CCS (Pension) Rules or Rule 56 of the Fundamental Rules or Article 459 of the Civil Service Regulations. … General, BSF on 2nd April, 1996 for grant of pensionary benefits. Finally, after receipt of legal notice under Section 80 of CPC, the competent authority passed the following order No. 3563/(PF.RK)/97-Est.II/42328 on 3.5.1997:-'In partial modification of this

Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 9 and 14A; ;Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1998; ;Constitution of India - Articles 14 and 16

Reported in : 2003(3)JKJ73

dated 27.5.1998, purportingly issued in exercise of the powers conferred by Sub-section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of … They are governed by the fundamental rules as are applicable to other Government servants and in particular Rule 56 relating to the age of their superannuation.6. According to the appellant, Border Security Force is a para-military force,

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

Gorakh Nath Vs. State of J and K

Court : Jammu and Kashmir

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 11(2) and 62; ;Border Security Force Rules - Rules 21, 22, 22(2) and 170 to 176; ;Service Rules; ;C.C.S. Pension Rules - Rule 48, 48A, 48A(1) and 48A(2); ;Constitution of India - Article 226; ;Central Civil Services (Classification, Control and Appeal) Rules

Reported in : 2006(1)JKJ192

Counsel for the parties and have carefully gone through the record of this case.8. Section 11(2) of the Border Security Force Act, 1968 (hereinafter referred to as the 'B.S.F. Act') provides for dismissal, removal or reduction from service by an officer … months salary in lieu of notice for retirement. Instead of accepting his prayer, the petitioner was transferred to 56 Bn., B.S.F. Further, according to the petitioner, being sick he was not in a condition to serve any

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 … 55 and 56 of the 2006 Act to argue that every civil offence which is not exempted under Section 56 of the 2006 Act shall be tried by the GARC. He further relied upon Section 2 (e) of

Murari Kumar Singh vs Union of India & Anr.

Court : Delhi

Subject : Right to Information

the service with full salary.”2. The facts as noted from the writ petition are that the petitionerenrolled in Border Security Force (‘BSF’, for short) as Constable on 31.03.2008. During his service, he was awarded commendation certificate for operational achievement … day, he was informed that, he has been held guilty of charges under Section 40 of the BSF Act, 1968 for firing 01 round without any provocation and under Section 22(e) of the Act for being in the

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 … law laid in several judicial precedents including Queen v. Randolph et. al. 56 DLR (2d) 283; Commissioner of Police v. Tanos 98 CLR 383; Lewis … 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

Nema Singh Otti vs.union of India & Ors

Court : Delhi

Subject : Right to Information

dated 23.03.2012 was passed by the respondents terminating his services by passing a dismissal under Section 10 of Border Security Force Act, 1968, read with Rule 23 (A) of the Border Security Force Rules, 1969. After being acquitted, the W.P.(C) 463/2017

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