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Mar 05 2003

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

Court : Supreme Court of India

Decided on : Mar-05-2003

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, … 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

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May 20 1996

Sukhwant Singh Vs. Union of India

Court : Delhi

Decided on : May-20-1996

Subject : Criminal

Acts : Constitution of India - Article 20(1); Border Security Force Act, 1968 - Sections 98; Border Security Force Rules, 1969 - Rule 48

Reported in : 1996IIIAD(Delhi)77; 1996CriLJ4079; 1996(38)DRJ299

about the said design to his superior officer. Proceedings before General Security Force Court were held under the Border Security Force Act,1968. After affording full opportunity to the petitioner, the proceeding of conviction was submitted. Authority sentenced the petitioner to … Usha Mehra, J. (1) This petitioner was charged with three offences punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter called the 'Act of 1988'). The first charge against him

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Jul 16 2010

Shri Kantilal Bhanudas Dukare a/P Raogaon, Tal.Karmala, Dist.Solapur. ...

Court : Mumbai

Decided on : Jul-16-2010

Subject : Land Acquisition

Acts : Constitution of India - Article 226; Border Security Force Act 1968 - Sections 40 and 46,; Prevention Of Corruption Act 1988 - Section 7,

from India. The Petitioner was accordingly charge sheeted under the provisions of Sections 40 and 46 of the Border Security Force Act 1968. The charges levelled against the Petitioner are as under :Charge BSF Act, Sec.401stAN OMISSION PRE JUDICIAL TO GOOD … A PUBLIC SERVANT, ACCEPTING ILLEGAL GRATIFICATION OTHER THAN LEGAL REMUNERATION FOR FORBEARING TO DO AN ACT, PUNISHABLE UNDER SECTION 7 OF THE PREVENTION OF CORRUPTION ACT 1988in that he,on 07.07.2000 at about 1000 hrs, while on OP duty

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Apr 25 1995

Union of India (Uoi) and anr. Vs. S.S. Ranade

Court : Supreme Court of India

Decided on : Apr-25-1995

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2 and 141; Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 3, 6, 7 and 9; Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1989; Border Security Force Rules, 1969 - Rule 14A

Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499

the security of the borders of India and matters connected therewith, are governed by the provisions of the Border Security Force Act, 1968. Section 141 of the Border Security Force Act enables the Central Government, by notification, to make rules for the … post/Rank No. of posts No. sanctioned 1. Director General 1 (Rs. 8000 fixed) 2. Additional Director General (Rs. 7300-7600) 2 3. Inspector General (Rs. 5900-6700) 13 4. Deputy Inspector General/ Deputy Director (Rs. 5100-6150) 46 5. Additional

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Jun 15 2005

Constable Basavaraj Vs. the Union of India (Uoi) and ors.

Court : Karnataka

Decided on : Jun-15-2005

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 117 and 117(2); Constitution of India - Articles 225 and 311; Border Security Force Rules

Reported in : [2005(107)FLR468]; ILR2005KAR3513

Petitioner from service on the ground that he was found guilty of charge under Section 20(a) of the Border Security Force Act, 1968 (in short, 'the Act').2. The Petitioner has prayed for the following reliefs:-(a) to quash the order of dismissal … J.1. The Petitioner, who is dismissed Border Security Force (BSF) Constable, has challenged the order of dismissal dated 7.10.2001 issued by the Respondent No. 2/ the Commandant of BSF (Annexure-A) dismissing the Petitioner from service on the

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Apr 26 2000

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Decided on : Apr-26-2000

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 … any given case, the crime so defined is not committed.The Supreme Court held that the offence punishable under Section 7 of the Essential Commodities Act, 1945, by a dealer, requires mens rea as the dealer is a person

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Mar 07 2003

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

Court : Supreme Court of India

Decided on : Mar-07-2003

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 … as per instruction of his father, to pay a sum of Rs. 7,000/- for his recruitment but he in fact paid a sum of Rs.

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Mar 31 1989

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Decided on : Mar-31-1989

Subject : ServiceConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), (4), 19, 48, 59 and 141; Border Security Force Rules, 1969 - Rules 6 and 177; Constitution of India - Article 311

Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)

dismissed from service by the Commandant by order dated January 5, 1972 in accordance with the provisions of Border Security Force Act, 1968 and the Rules framed thereunder.6. The Munsiff held that the plaintiff was given reasonable opportunity before the Commandant … the plaintiff filed an appeal which was registered as Title Appeal No. 7 of 1979 in the Court of Additional District Judge, West Tripura District … February 3, 1972. No relief was granted to him.4. The appellant as plaintiff after serving a notice under Section 80 of the CPC and as no redress was given to him, filed Title Suit No. 33 of

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Nov 02 1978

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Nov-02-1978

Subject : Constitution

Reported in : 1978(11)WLN435

working as Accountant-cum-Cashier in that year The petitioner was prosecuted for misappropriating property under Section 30 of the Border Security Force Act, 1968 (47 of 1968)(hereinafter referred to as the Act'), during the year 1975-76. He was convicted by the General … no power to authenticate Ex. R/2. The said order, therefore, does not comply with the requirements of Article 77 of the Constitution and so it cannot be said that the power of confirmation of the findings and

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Apr 25 2013

State of J and K and Another Vs. Lakhwinder Kumar and Others

Court : Supreme Court of India

Decided on : Apr-25-2013

Subject : Criminal

Acts : Ranbir Penal Code (IPC) - Section 302, 109, 201; Border Security Force Act, 1968 - Section 80, 2(1)(a), 47, 141(1), 141(2); Jammu and Kashmir Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1983 - Rule 7, 41; Constitution of India - Article 136

judicial custody. He went on to say that in exercise of his discretion under Section 80 of the Border Security Force Act, 1968 (hereinafter referred to as “the Act”) he has decided to institute proceeding against them before the Security Force … the outcome of the trial of the accused shall be intimated to the court as required under Rule 7 of the Jammu and Kashmir Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1983. The prayer of

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