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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, … They are Rule 41, Rule 45B, Rule 51A, Rule 53, Rule65, Rule 66, Rule 170, to Rule 174.18. Rule 41, we notice, applies only when … 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

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 14, 17, 46, 64, 70, 70(1), 70(2), 70(3), 70(4), 70(5), 74, 117, 117(2) and 141; Army Act, 1950 - Sections 162, 164 and 165; Border Security Force Rules, 1969 - Rules 99, 99(1) and 133 to 161; Army Rules - Rule 66(1)

Reported in : 2010(2)SCALE396

the High Court directed remand in all the matters to the appellate authority under Section 117(2) of The Border Security Force Act, 1968 (hereinafter referred to as 'the Act' for short) for rewriting the order, giving reasons in support of the … finding of 'guilty' or of 'not guilty'. It was held that it was only in case of Rule 66(1) of the Army Rules, where there was a recommendation for mercy, the reasons were required to be given.

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 … accused. Only after satisfying the necessary requirements, the Force Court shall proceed with the commencement of charge. Rule 66 provides for commencement of trial. Sub-rule (1) of Rule 66 provides that the order convening the court and

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 … 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 raised before

Dr. Sushil Kumar Vs. Union of India and ors

Court : Rajasthan Jodhpur

Subject : Education

Against this order, a pre-confirmation appeal was filed by the present petitioner as per Section 117(1) of the Border Security Force Act, 1968. While the said appeal was still pending, the said Authority, namely, the Director General, HQ, BSF, New Delhi … Ftr. HQ, BSF, Jodhpur, on 09/07/2008, accepted a sum of Rs.15,000/- from No.02115873 HC/RO Bhanwar Lal Jatrana of 66 Bn BSF, for clearing him in medical examination for SI (CPOs). S.B. Civil Writ Petition No.1586/2014 Dr. Sushil

Samsul Ali, Assam Vs. The State of Assam Represented by the Commission ...

Court : Guwahati

Subject : Criminal

but because his further continuance was considered undesirable in exercise of power conferred by Section 11 of the Border Security Force Act, 1968. The cases cited by Ms Gogoi, apparently, have got no application to the facts of the case. 25. … 07.12.2005, the petitioner was asked to show cause under Section 7 of Police Act, 1861 read with Rule 66 of Assam Police Manual (Part-III) and Article 311 of the Constitution of India as to why any of

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 … All ER 354 (CA); Furnell v. Whangarei High Schools Board 1973 AC 660 : (1973) 1 All ER 400 : (1973) 2 WLR 92 (PC)

Union of India and ors Vs. Ex. Constable Papu Singh

Court : Rajasthan Jodhpur

Subject : Land Acquisition

for the respondent/writ petitioner. The pleaded narration of the respondent/writ petitioner is 2 that he had joined the Border Security Force (for short hereinafter referred-to as “the BSF/Force”.) in the year 1988 in the rank of Constable. While he … charged with the offence (s) under sections 354 and 451 IPC triable under Section 46 of the BSF Act, 1968 (for short hereinafter referred to as “the Act”.).This was on 7.6.1995, whereafter on 9.6.1995, he was placed under … in the rank of Constable. While he was posted under the Commandant, 66 Battalion BSF, he was charged with the offence (s) under sections 354

Angou Golmei Vs. Vizovolie Chakha Sang

Court : Patna

Subject : Customs

Acts : Customs Act, 1962 - Sections 11, 110, 110(1), 111 and 124; Import and Export (Control) Act, 1947; Foreign Trade (Development and Regulations) Act, 1992 - Sections 3(2), 3(3) and 4; Spices Board Act, 1986; Sea Customs Act, 1978 - Sections 178A; Gold (Control) Act, 1968 - Sections 66; Income Tax Act, 1961 - Sections 147; Income Tax Act, 1922 - Sections 34

the Income Tax Act, 1961; Section 178A of the Sea Customs Act, 1978; Section 66 of Gold (Control) Act, 1968 and so on. In Calcutta Discound Col. Ltd. v. Income Tax Officer (AIR 1961 Supreme Court, 372), a … therefore, coming as they do from Dimapur they must have been smuggled from outside i.e. across the Indo-Burman border. This case, in that sense, is different from the usual run-of-the mill cases where the dispute centres round … Annexure-24, shows (a) on 30th March, 1993 information was received from Assistant Security Commissioner, R.P.F Barauni, regarding illicit movement of cloves and Javitri through railway … Schedule II of the Schedule, the Import and Export Policy having statutory force under Section 3(2) of that Act, there cannot be any doubt that

State of Kerala vs K.Haridas

Court : Kerala

to 14 are identified. In the plastic cover, a pair of gloves and a towel (thorth) with violet border were also kept. MOs 15 and 16 are the towel and gloves. Cashew nut box is MO17. A … lengthy cross-examination, credibility of this witness was not shaken effectively.76. PW7 Mohankumar was an employee in the Border SecurityForce (BSF) who had taken voluntary retirement. At the time of examination, he was an agriculturist. He knew deceased … Choraria and others v. State of Maharashtra (AIR 1968 SC 938), Mohd. Abdul Hafeez v. State of … 6th accused and deceased Varma were seated on chairs, the 4th accused forcefully caught hold of deceased Varma from behind around his neck and with … that he might have facilitated escape of the other accused. All these actions on the part of theconnected cases 24 6th accused evoked suspicion in … accused persons were charge-sheeted for offences punishable under Sections 120B, 396, 302, 201, 328, 465 and 471 … -------------------------------------- Crl.Appeal Nos.567 of 2014, 576 of 2014, 665 of 2014, 800 of 2014, 1121 of 2015,