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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 … illegal. The petitioner also prayed for issuance of a writ order or direction declaring Section 46 civil offences, Section 65 convening of a GSFC and its connected provisions containing procedure of trial including Section 113 (Revision of finding

Union of India (Uoi) and ors. Vs. B.N. Jha

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Rules, 1969 - Rules 16(7), 45B and 46; Constitution of India - Articles 136 and 226; Army Act; Border Security Force Act - Sections 2(1), 5, 14 to 45, 48 and 141; Navy Act; Armed Forces Act

Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);

for interfering with the impugned judgment in exercise of jurisdiction under Article 136 of the Constitution of India.; Border Security Force Act, 1968 Sections 5, 41, 48, 49, 64, 65, 68, 72, 107 and 108 - Border Security Force Rules, 1969 … the description referred to in that provision;2(1)(h) 'Deputy Inspector-General' means a Deputy Inspector-General of the Force appointed under Section 5;2(1)(n) 'Inspector-General' means the Inspector-General of the Force appointed under Section 5;5. Control, direction etc. (1) The general

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, … of Chapter VII of the BSF Act read withRules 52, 53 and 65 of the Rules clearly indicate that a trial underthe Act could only … order dated 8.7.1998 made by thelearned Special Judge, C.B.I., Patiala by which charges wereframed against the appellant under Sections 7 and 13(2) read withSection 13(1)(d) of the Prevention of Corruption Act, 1988. Theappellant sought for quashing of

Sukhwinder Singh Vs. Union of India and Another

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Articles 20(3), 214, 226 and 241

Reported in : 1996CriLJ3892

of Jammu. (2) The petitioner has not exhausted the remedy available to him under Section 117(2) of the Border Security Force Act, 1968 against his conviction and sentence. Thus, the petitioner has not availed of the aforesaid statutory remedy and, thereforee, … to convene Border Security Force Court rests primarily in the Central Government and Director General, in terms of Section 65 of the Border Security Force Act. This power has further been delegated by the Director General to the

Suresh Lal Koul Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Border Security Force Act, 1968 - Section 84; ;Border Security Force Rules - Rules 67, 65(1), 65(4); ;Constitution of India - Articles 104, 226 and 227

Reported in : 2001CriLJ423

O.P. Sharma, J.1. The petitioner a Sub-Inspector in the Border Security Force was tried by a General Security Force Court for committing extortion. He was found guilty of having committed … of Code of Criminal Procedure. It is also challenged on the plea that Section 84 of the BSF Act has not been complied with, vitiate the proceedings of the General Security Force Court.5. The stand of the … Rules. The Chapter is styled as Procedure for Security Force Courts. Rule 65(1)(a) and Sub-section (4) of this section reads as follows :-65(1) Assembly and

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 … witnesses. Rule 64 provides for summoning of defence witnesses. Chapter IX provides Procedure for Security Force Courts. Rule 65 provides for Assembly and swearing of court. The rule casts a duty on the convening officer to satisfy

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 … him to under go rigorous imprisonment for one year, dismissal from service and imposition of fine of Rs 65.000/-. The order of the General Security Force Court was submitted for confirmation to the competent authority who confirmed

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 … provides for General Security Force Courts and Petty Security Force Courts as well which are constituted under sections 65 and 66 of the Act. In view of the issues relating to adequate opportunity to defend the charges

Director General, Border Security Force and ors. Vs. Iboton Singh (Kh)

Court : Guwahati

Subject : Criminal

Matched in: Parties Director General, Border Security Force and ors. Vs. Iboton Singh (Kh)

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

Subject : Constitution

Acts : Border Security Force Act, 1969 - Section 117(2); Constitution of India - Articles 226, 227

the finding and sentence of the Security Force Court in terms of the provisions of Section 107 of Border Security Force Act, 1968. 20. Aggrieved by the finding and sentence awarded by the Security Force Court which stood confirmed by the … the said gypsy the witness stated that (Quote):- „From BOP Ranibari to Bn HQr, vehicle was run for 65 kms. While driving the said vehicle from border to Bn HQ, I did not observe any kind of