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Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Border Security Force Act, 1968 - Sections 3, 3(2), 17, 52, 53, 57, 75, 77, 77(2), 80, 81 and 84; Border Security Force Rules - Rules 41, 45B, 51A, 52, 53, 53(2) to 106 and 170 to 174; Army Act, 1950

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

appellant.27. In the said view of the matter, these appeals fail and thesame are dismissed. Service Law - Border Security Force Act, 1968 - Sections 52, 53, 75, 77 and 81 - B. S. F. Rules - 41, 45B, 51A, 53, … 5. Before the High Court the appellant had contended in viewof the provisions of Section 52 read with Section 57 of the BorderSecurity Force Act. 1968 (the BSF Act), the appellant cannot beprosecuted before the Special Judge because

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 … their self-esteem and dignity and would cause serious prejudice to the good order and discipline of the Force. 57. When any allegation is made against a member of any unit of human beings, without disclosing the name

Ex.Uttam Navik Dalbir Singh Vs. Union of India and Others

Court : Delhi

Subject : Land Acquisition

under Rule 149 of the BSF Rules, 1969 or by the appellate authority under Section 117(2) of the Border Security Force Act, 1968. In the said case, the Supreme Court had carefully examined the provisions of Rule 149 of the Border … Affidavit dated 28th September, 1999 by contending that summary punishment had been imposed on the petitioner as per Section 57, and as per Rules 18 to 20 of the Coast Guard (Discipline) Rules, 1983. It is further contended

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

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 … Force Act, 1978.5. Appellant also claimed that his age of superannuation should have been 60 years instead of 57 years as in the case of other central civil servants, looking after the affairs of Union of India.

Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.

Court : Guwahati

Subject : Constitution

Acts : Commissions of Inquiry Act, 1952 - Sections 2(2) and 3; Border Security Force Act, 1968 - Sections 4

BSF vesting in the Central Government by virtue of what has been stated in Section 4 of the Border Security Force Act inasmuch as Commission of Enquiry is a fact finding body and by appointing such a Commission no control … The Central Government can suo motu deploy the force in any State.' 15. The BSF Act 47 of 1968 and the rules promulgated under the Act were heavily relied in support of the writ petitions therefore we … to 56 of Chapter IV punishments are prescribed. In Chapter V Sections 57 to 63 deal with the trial of offences. Sections 64 to 81

Mr P S Venkatesh Vs. The Secretary

Court : Karnataka

Subject : Land Acquisition

‘the said Rules’ for short). These Rules are framed under sub Section (2) of Section 141 of the Border Security Force Act, 1968. It cannot, therefore, be in doubt that the Rules are statutes. The Rule that is germane for consideration … at Bengaluru the age of retirement of all the personnel including that of the petitioner was enhanced from 57 to 60 years. It is then the time of retirement of the petitioner got changed from April 2020

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

Dr. Santosh Kumar Jha Vs. Central Bureau of Investigation

Court : Delhi

Subject : Land Acquisition

of the enquiry was of no legal consequence. Mr. Sinha submitted that there was no power under the Border Security Force Act, 1968 („BSF Act‟) for the BSF to have recorded the so-called confessional statement of the Appellant and it was … Special Judge, CBI, New Delhi in Criminal Complaint No.101 of 2006 convicting the Appellant for the offence under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 („PC Act‟) and

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