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Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Subject : Service

Acts : Constitution of India - Articles 14, 16, 21 and 226;; Border Security Force Act, 1968 - Sections 14, 16, 17, 40, 46,47, 74, 74(1)(2), 115, 116, 117 and 167(2);; Border Security Force Rules - Rules 51(2), 142(2), 143, 143(2), 145, 147, 148, 149, 157 and 159

Reported in : (1999)2CALLT107(HC)

Admittedly the charges against the petitioner came within the purview of section 16(d) and section 46 of the Border Security Force Act which read thus :--'16. Offences punishable more severely on active duty than at other times--any person subject to … Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picauet without orders from his … terms of Rule 157 of the Rules but he having pleaded guilty was sentenced on the basis thereof.13. Section 74(1) enables the authorities to hold a trial in respect of an offence punishable under the Act by a

Deputy Inspector General, Border Security Force Vs. Ashok Kumar Mishra ...

Court : Kolkata

Subject : CivilConstitution

Acts : Border Security Force Act, 1968 - Sections 11(2), 74(5) and 115; ;Border Security Force Rules, 1969 - Rules 22, 160 and 161

Reported in : 2005(2)CHN638

not be terminated, by virtue of the powers vested in the said Commandant under Section 11(2) of the Border Security Force Act, 1968 read with Rule 22 of the Border Security Force Rules, 1969. It was also observed that considering the … the rank of Superintendent of Police or of a rank declared under Clause (a) of Sub-section (5) of Section 74 as equivalent thereto or of a lower rank. It is only in such cases that a finding and

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

Court : Rajasthan

Subject : ServiceCriminal

Reported in : 2009(3)WLN209

intent to kill.' The act of the appellant was termed as an offence under Section 46 of the Border Security Force Act, 1968 and also a civil offence punishable under Section 307 IPC. The Deputy Inspector General (Headquarters) after reaching at … fact no sanction was actually given by the Deputy Inspector General.4. Relevant to note here that as per Section 74 (2) of the Act of 1968 'when there is no grave reason for immediate action and reference can

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 … officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed. Section 74 speaks about the powers of a SSFC. Sub-section (1) thereof provides that the SSFC may try any offence

Yacub Kispotta and Others Vs. Director General BSF and Others

Court : Delhi

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 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 22,Rule 48,

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 … (BSF Act hereafter) provides the constitution of a Summary Security Force Court (`SSFC' hereafter). It is permitted under Section 74 to try any offence punishable under the Act subject to certain stipulated exceptions. Sub-section 4 of Section 74

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

Court : Delhi

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 … been done., The explanatory memorandum which was essential under Rule 158 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

G.P. Singh and ors. Vs. Shanti Ranjan Sarkar

Court : Kolkata

Subject : Criminal

Reported in : 1985CriLJ1695

it was contended on behalf of the respondent, inter alia, that in view of Section 50 of the Border Security Force Act, 1968, hereinafter referred to as the Act, the order for imprisonment in civil jail for a period of three … be imposed by him was imprisonment for three months as provided in Clause (b) of Sub-section (5) of Section 74 of the Act. Indeed, in the instant case, the respondent was sentenced to rigorous imprisonment for three months

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 113, 114 and 115; CCS(CCA) Rules, 1965 - Rule 15(2); Board Security Force Rules, 1969 - Rule 160

and perused, the records. 6. Admittedly, for commission of civil offence as defined under Section 46 of 'the Border Security Force Act, 1968' (shortly the Act), the SSFC was assembled to enquire/try the petitioner on the charge framed and after recording … rank of the Superintendent of Police or of a rank declared under Clause (a) of Sub-section (5) of Section 74 or as equivalent. In the present case, the trial in the SSFC was held by a Commandant viz.

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 … I/C and acted as Offg Coy Commander, abetted smugglers for smuggling of Goods to Banglasdesh and collected Rs 74,0007- illegally from Mar to Jul 1997 and remitted this amount to his relatives by various Demand drafts from