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Sep 07 2007

Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...

Court : Karnataka

Decided on : Sep-07-2007

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 6, 9, 10, 11, 14 to 46, 48, 48(1), 49, 50, 64, 70 and 117; Central Police Act, 1949; Army Regulations; Army Rules; Central Civil Services Pension Rules - Rule 25; Pension Rules - Rules 3 and 25; Constitution of India - Articles 22 and 311

Reported in : 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)

dismissed.34. Petitioner is a Member of the Border Security Force which is a paramilitary force created under the Border Security Force Act, 1968. This Force was part of Central Police Act, 1949. It was given a separate identity as Border Security … the present case, the petitioner who was tried by a Summary Security Force Court which in terms of Section 70 reads as under:70. Summary Security Force Court - [1] A Summary Security Force Court may be held by

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May 31 2010

Ex. L/Nk Vimal Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : May-31-2010

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 20, 26, 48, 70 and 117(2); ;Army Act; ;Army Rules - Rules 115, 115(2), 115(2A) and 125; ;Navy Act; ;Armed Forces Act; ;Border Security Force Rules, 1969 - Rules 33(2), 43, 45, 45B, 46, 48(3), 49, 51, 62, 81, 81(3), 101, 101(3), 142, 142(2) and 157; ;Border Security Force Rules, 1965 - Rules 48(3), 49(2) and 49(3); ;Constitution of India - Article 14

(hereinafter referred to 'SSFC' for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to 'BSF Act' for brevity) and the sentence of dismissal from service. The petitioner also assails … in cases involving inquiry, investigation and recommendations which impact the final decision, is not only inevitable but essential.37. Section 70 of the BSF Act provides that the commandant of any unit shall hold the SSFC. In the instant

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Feb 16 2010

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

Court : Supreme Court of India

Decided on : Feb-16-2010

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 … Courts; and (c) Summary Security Force Courts. We are concerned here only with Summary Security Force Courts (SSFC). Section 70 provides that a SSFC may be held by the Commandant of any unit of the Force and he

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Aug 13 2003

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Aug-13-2003

Subject : Service

Acts : Border Security Force Rules - Rule 142 and 142(2); ;Border Security Force Act - Sections 18(1) and 80

Reported in : 2003(3)JKJ381

dismissed from service vide the impugned order dated 18.11.1999. This punishment was imposed under section 18(1) of the Border Security Force Act 1968. As far as the commission of offence under Section 376/452 RPC is concerned, the authority i. e. the … Summary Security Force Court. Accordingly a Summary Security Force Court was constituted in exercise of the powers under Section 70 of the Act by the Commandant. The procedure adopted by the Summary Security Force Court is prescribed in

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Jun 03 2010

Balwinder Singh Vs Union of India and ors.

Court : Delhi

Decided on : Jun-03-2010

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

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Sep 28 2015

Yacub Kispotta and Others Vs. Director General BSF and Others

Court : Delhi

Decided on : Sep-28-2015

Subject : Land Acquisition

any inquiry or giving them opportunity to explain their alleged misconduct in accordance with its parent law, the Border Security Force Act, 1968 ("the Act") or the Border Security Force Rules, 1969 ( Rules ?) framed there-under. 2. The facts necessary … Section 22, Section 23, Section 36, Section 40, Section 47, Section 48, Section 49, Section 51, Section 64, Section 70, Section 74, Section 170, Section 171, Section 173, Section 174, Section 175 -Border Security Force Rules, 1969- Rule

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Sep 30 2002

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

Court : Delhi

Decided on : Sep-30-2002

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 … a Law Officer in terms of Section 83 of the BSF Act.Section 70 of the BSF Act provides that a Summary Security Force Court may … 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

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Sep 05 2023

Union Of India Vs. Jogeshwar Swain

Court : Supreme Court of India

Decided on : Sep-05-2023

Subject : Land Acquisition

of an offence under Section 40 Civil Appeal Nos. 8629-8630 of 2014 Page 2 of 31 of the Border Security Force Act, 1968 (in short, “BSF Act, 1968”), that is for committing an act prejudicial to the good order and discipline … Security Force Court, whereas the original petitioner was tried by a “Summary” Security Force Court in terms of section 70 of the BSF Act, 1968.11. On consideration of the plea taken in the review petition, the High Court

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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 … not entitled for monetary benefits. ; Writ Petition allowed. - KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. [K.A. No. 11/1959]. Section 70: [B.V.Nagarathna,J] Powers of Registrar of Co-operative Societies -Domestic enquiry against employee of co-operative Bank - Enquiry Report submitted

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Mar 23 2001

Union of India and Others Vs. Ex Constable Mohinder Singh (Deceased No ...

Court : Delhi

Decided on : Mar-23-2001

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 2(1), 5, 14, 17, 20, 28, 46, 48, 70, 74, 117; Border Security Force Rules - Rules 16, 43, 45, 48, 49, 51, 139, 149(3 & 4), 157, 158, 167; Indian Penal Code (IPC), 1860 - Sections 323, 350 and 351; Constitution of India - Articles 14, 21, 33, 137 and 323-A; Industrial Disputes Act, 1947

Reported in : 91(2001)DLT291

enrolled in the Border Security Force (BSF) as a Constable in April 1988 and became subject to the Border Security Force Act (hereinafter the Act). and Border Security Force Rules (hereinafter the Rules). In October 1993 he was posted in … was also not attached and as such Section 74 and Rule 158 have been violated. In accordance with Section 70 of the Act Summary Security Force Court may be held by the Commandant of the Unit and he

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