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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, … the BSF Act, he was repatriatedto his parent department. In the said factual background, the HighCourt held that Section 75 of the BSF Act cannot be attracted,consequently dismissed the petitions before it.6. Shri P.S. Mishra, learned senior counsel

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

Court : Delhi

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 … contend, that the second trial was, thereforee, barred under Article 20 of the Constitution of India as also Section 75 of the BSF Act. Reliance in this connection has been placed on Surinder Singh v. The Union of

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 … (2) of the Constitution of India. In this regard, the petitioner also places reliance on the provisions of Section 75 (1) of the BSF which prohibits a second trial of the petitioner on same charges.12. The primary ground

Rakesh Kumar Singh Vs. Union of India and Anr.

Court : Delhi

Subject : Land Acquisition

Security Force Court (for short ‘SSFC’) and was found guilty of the charge under Section 16(c) of the Border Security Force Act, 1968 (hereinafter referred to as ‘the BSF Act’). The petitioner was dismissed from service and on the same date, … the second trial of the petitioner and this, to our mind, keeping in view the embargo imposed by Section 75 of the BSF Act and Article 20 of the Constitution of India was clearly impermissible.” 15. In Union

Rakesh Kumar Singh Vs. Union of India and Anr.

Court : Delhi

Subject : Land Acquisition

Security Force Court (for short ‘SSFC’) and was found guilty of the charge under Section 16(c) of the Border Security Force Act, 1968 (hereinafter referred to as ‘the BSF Act’). The petitioner was dismissed from service and on the same date, … the second trial of the petitioner and this, to our mind, keeping in view the embargo imposed by Section 75 of the BSF Act and Article 20 of the Constitution of India was clearly impermissible.” 15. In Union

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

Court : Karnataka

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 … of the Force, but also for bringing disrepute to the Force which is an offence in terms of Section 40 of the Act3. Such action had been taken as a follow up on the complaint lodged by

Ritesh Soni vs.union of India and Ors.

Court : Delhi

Subject : Land Acquisition

is to an order dated 6th August, 2018 passed by the Deputy Inspector General („DIG‟), SHQ of the Border Security Force („BSF‟), Siliguri directing the Commandant 155th BN BSF to conduct a de novo trial on the charge sheet … BSF Act and Rules, 1969. On 23rd June, 2017 a charge sheet under Section 34 (a) of BSF Act, 1968 was issued to the... Petitioner. The charge against him was that of making a false accusation against a … the Constitution and Section 300 (1) of the Code of Criminal Procedure, 1973, which is also similar to Section 75 of the BSF Act, and observed as under: “13. In our considered view, there is a clear distinction,

Headmaster, Poilkav High School, P.O. Edakkulam Quilandy Vs. Murali A. ...

Court : Kerala

Subject : Constitution

Acts : Kerala Education Rules, 1959 - Rules 6 and 10; Constitution of India - Articles 14 and 226

Reported in : AIR1995Ker21

imported. It further held that the same ratio will apply to a petition under Section 117(2) of the Border Security Force Act, 1968. It is also pointed out that Chapter XIII consisting of Rules 167 to 169 of the B.S.F. Rules … following classic observation of M. S. Menon, C.J. in Aldo Maria Patroni y. E.C. Kesavan, AIR 1965 Kerala 75 (FB) is apposite (at p. 77 of AIR) :'The post of the headmaster is of pivotal importance in

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 … changed and the company was directed to be deployed at the polling booths. In view of this, one section each of the company was to be deployed at a polling booth. In terms of the prevailing instructions, … contact the battalion. BSF personnel searched the polling booth and its surrounding 75-100 yards but did not, at that time, see anyone. Around 10 AM

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

Court : Guwahati

Subject : Service

proceeding of the Summary Security Force Court held against the petitioner under Section 46 and 40 of the Border Security Force Act, 1968 (the Act for short) and the penalty/sentence contained in the order dated 10.8.2001 of reduction in rank to … of the Summary Security Force Court against the petitioner which culminated in the impugned order is barred by Section 75 of the Act inasmuch as he was already convicted by the Commandant for the same offence. He also