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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, … Act, the appellant ceases to be a person subject to theBSF Act from such date of his repatriation.10. Section 77 of the Act reads thus:-'77. Trial, etc. of offender who ceases to besubject to this Act- (1) Where

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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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Nov 06 1996

V.S. Hamsa Vs. Director General, Border Security Force and ors.

Court : Kerala

Decided on : Nov-06-1996

Subject : CriminalLimitation

Acts : Border Security Force Act, 1968 - Sections 3 and 77; Army Act - Sections 123 and 123(2); Constitution of India - Article 32; Army Rules

Reported in : 1997CriLJ878

is no longer a member of the Border Security Force and therefore any proceedings initiated under the B.S.F. Act, 1968 are void and the appellant cannot be subjected to any such proceedings.2. The above argument is based on … Delhi on the ground that these proceedings are illegal and void. The appellant was a member of the Border Security Force and he retired from that service on 31-10-93. According to respondents, in an enquiry conducted by the D.I.G. … proceedings shall be taken against him. But the contention of the appellant is not acceptable in view of Section 77 of the Act. Section 77 reads, as follows:77. Trial, etc. of offender who ceases to be subject to

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Mar 20 2002

Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Decided on : Mar-20-2002

Subject : Service

Acts : Border Security Force (Seniority, Promotion and Superannuation of Officers) Rules, 1978 - Rules 9 and 14A; ;Border Security Force (Seniority, Promotion and Superannuation of Officers) (Amendment) Rules, 1998; ;Constitution of India - Articles 14 and 16

Reported in : 2003(3)JKJ73

dated 27.5.1998, purportingly issued in exercise of the powers conferred by Sub-section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of

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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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Nov 22 2017

Vinod Kumar Vs. Union of India Through the Home Secretary Department o ...

Court : Jharkhand

Decided on : Nov-22-2017

Subject : Land Acquisition

(non­Gazetted) Group­C Posts Recruitment Rules, 2006” (for short hereinafter referred to as “the Rules, 2006”) enacted under the Border Security Force Act, 1968. As per this rule cut off date was 21st September, 2006. Thus, this appellant was appointed prior to … Oral Order: Per: D.N. Patel, A.C.J: I.A. No. 2737 of 2017 This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 77 days in preferring this Letters Patent Appeal.2.

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May 19 2011

Ex Cdre. Narinder Pandit Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : May-19-2011

Subject : Right to Information

excludes the jurisdiction exercisable by the procedure applicable to Army Act, Navy Act, Air Force Act and the Border Security Act. By such exclusion, the court martial was competent even to make trial of the individual when the … SCC 161). Though it related to Sections 64, 70, 74, 117(1)(2) and 141 of the Border Security Forces Act 1968, the question was whether the court was to give reasons in support of its verdict. Placing reliance on … was found guilty of Charge Nos. 1 and 2 under Navy Act Section 60(d), Charge Nos. 8 and 9 under Navy Act Section 54(2), Charge … Prevention of Corruption Act 1988 read in conjunction with Navy Act Section 77(2) and Charge Nos.4, 5 and 6 under Section 13(1)(e) and 13(2) of

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Mar 02 1994

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

Court : Kerala

Decided on : Mar-02-1994

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 … 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 the life of a school. Around

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Mar 24 2004

Commodore Narinder M. Pandit S/O Late Munshi Ram Arjundas Pandit Vs. t ...

Court : Mumbai

Decided on : Mar-24-2004

Subject : Criminal

Reported in : 2004(4)BomCR814; (2004)106BOMLR98

of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), The Border Security Force Act, 1968 (47 of 11968), the Coast Guard Act, 1978 (30 of 1978), and the National Security Guard Act, 1986 … of the petitioners were overruled and the Court Martial proceeded further. The petitioner was arraigned in terms of Section 106 of the Navy Act and the petitioner pleaded not guilty to all the charges.4. The contentions raised … be prosecuted unless there is a valid sanction for prosecution. Under Section 77(2) of the Navy Act, every person subject to naval law, who commits

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Sep 27 2002

B.S. Naruka and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Sep-27-2002

Subject : Service

Acts : Service Law; Border Security Force Rules, 1969 - Rules 115(3), 122, 123, 124, 128 and 136(6)

Reported in : 2003(67)DRJ618

of the BSF.' Border Security Force Act, however, was passed by the Parliament in1968. Section 141 of the Border Security Force Act, 1968 (in short the 'BSFAct, 1968) provides : '141. Power to make rules : (1) The Central Government may, … been hold In abeyance. It has boon pointed out has atleast 204 Officers have since retired and only 77 are left in service out of whom 57 are due to retire by the end of the current

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