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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 … Ram and Ors. : 1990CriLJ60a . In this case the Army Personnel was initially charged for offence under Section 63 of Army Act, namely, conduct prejudicial to good order and military discipline. For which he was heard under

Ex-constable Ramvir Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ServiceCriminal

Acts : Border Security Force Act, 1968 - Sections 22, 63 and 117; Army Act, 1950 - Sections 41; Border Security Force Rules, 1969 - Rule 157; Constitution of India - Article 226

Reported in : 2008(16)SCALE253; (2009)3SCC97:2009AIRSCW163:2009(1)LHSC93

before a Summary Security Force Court on the aforementioned two charges in terms of the provisions of the Border Security Force Act, 1968 (for short, 'the Act') and the rules framed thereunder.4. He pleaded guilty to both the charges. He was … or(e) neglects to obey any general, local or other order; or(f) impedes the Force Police referred to in Section 63 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution

Ex.-const. Driver Bhagirath Singh, S/O Sri Budhi Ram Vs. Union of Indi ...

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 19 and 40; Border Security Force Rule - Rules 45 and 63

Reported in : 122(2005)DLT134; 2005(83)DRJ37

water while undergoing rigorous imprisonment was disproportionate is the point for consideration in this petition.2. The petitioner joined Border Security Force as Constable on 1st March, 1990 at BSF, STC Jodhpur. He was posted at SHQ BSF, Siliguri with … and voluntarily reported for duty after 31 days. He was consequently tried summarily under Section 19(a) of BSF Act, 1968 and awarded punishment of 14 days RI in the forced custody on 5th September, 1997. He was sent … of ROE and charge sheet before trial in violation of BSF Rule 63 which prejudiced his defense. 4. Petitioner's statutory petition was rejected by order

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 15, 16, 40, 45, 47, 63, 70, 75, 83, 87, 115, 120, 121, 153 and 164(2); Evidence Act - Sections 3, 4 and 87; Border Security Force Rules - Rules 22, 25, 45, 47, 62, 63, 64, 134, 135, 138, 139, 140, 142, 143 to 145, 147, 148, 149, 153 and 161(1); Constitution of India - Articles 20, 20(2), 21, 33, 121, 226 and 227; Army Act, 1950 - Sections 121 and 162; Court Martial (Appeals) Act, 1951; Court Martial (Appeals) (Amendment) Act, 1968; Uniform Code of Military justice Act, 1950; Administration of Justice Act, 1968; Military Justice Act, 1968; Indian Penal Code (IPC) - Sections 193 and 228; Code of Criminal Procedure (CrPC) - Sections 480 and 482

Reported in : 2003(1)SLJ151(Delhi)

is also entitled to costs, which is quantified at Rs. 5,000/-._ Service - discharge - Sections 87 of Border Security Force Act, 1968 - dismissal Order and punishment challenged on ground of violation of fair trial - 'A' witness in proceeding … from Quartermaster without paying for the same. The charges framed under Sections 63, 47(a) and 45 of the Act were found proved and despite the … the same had not been made part of the proceedings.The learned counsel would contend that in terms of Section 87 of the BSF Act, the provisions of the Indian Evidence Act would apply and in that view

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 … Security Force Courts. Rule 62 provides duties of convening officer when he convenes General Security Force Court. Rule 63 provides that an accused shall be given an opportunity for preparing his defence and he shall be allowed

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 … enactment of the procedure in the Army Act itself. These principles have been reiterated in (2003) 9 SCC 630 UOI & Ors. vs. Ex.Flt. Lt. G.S. Bajwa.34. So far as the rights of members of security forces

Head Const. Hardev Singh Vs. Union of India and Others

Court : Punjab and Haryana

Subject : Criminal

Acts : Constitution of India - Article 227; Border Security Force Act, 1968 - Sections 46, 107 and 108; Border Security Rules, 1969 - Rule 48; Indian Penal Code (IPC), 1860 - Sections 302, 304 and 304A; Evidence Act - Sections 24

Reported in : 2000CriLJ2585

months from the receipt of the Court order. The respondents defended the vires of the provisions of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969 and contended that the same were in accordance with the provisions … prayed for issuance of a writ, order or directions declaring that Rules 63 (2), 105(4)(5) of BSF Rules 1969 are ultra vires of Section 113 … the charge-sheet dated 14th May, 1992. The charge-sheet was served on the petitioner for committing civil offence under Section 46 of the BSF Act, i.e. the offence of murder, punishable under Section 302 of the Indian Penal

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

Subject : Land Acquisition

234, 235 and 236 thereof. In the case at hand, the offences complained of have arisen under the Border Security Force Act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete Code as regards the offences, as … the respondents have violated the provisions of sub rule (4) of Rule 63 of the Border Security Force Rules, 1969.7. It is also the case … was tried at one trial. There, the Court had occasion to consider the three exceptions laid down in Section 233 of the Criminal Procedure Code, 1898, as well as Sections 234, 235 and 236 thereof. In the

Yash Paul Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Subject : Service

Acts : Constitution of India - Article 226; ;Border Security Force Act, 1968 - Section 19; ;Border Security Force Rules - Rule 45

Reported in : 2004(2)JKJ401

of salary etc. The main ground of challenge in the petition is that the procedure prescribed under the Border Security Force Act, 1968 and the rules framed there-under has not been followed. In as much as the petitioner was not provided … allegations of non-observance of the procedure prescribed under rules, it is stated that the petitioner was charged under section 19(b) of the Border Security Force Act, 1968 for over-staying the leave without any sufficient cause. He was … make any statement. He was given all opportunities as provided under Rule 63 of the B.S.F Rules 1969 and was allowed for proper communication, friend

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 … the petitioner to act his Defending Officer in terms of B.S.F Rules 63 was made available mala fidely. This caused serious prejudice to the petitioner