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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 … 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 of

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Mar 03 2009

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

Decided on : Mar-03-2009

Subject : Service

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162, 164 and 164(2); ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … The record of evidence was illegally prepared on the basis of the order issued on 9th June, 2001. Section 87 of the B.S.F. Act clearly provides that the provisions of the Indian Evidence Act, 1872 shall be applicable

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Mar 03 2009

In Re: for Stay (Can 6546/05)

Court : Kolkata

Decided on : Mar-03-2009

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 26, 40, 87, 117, 117(1) and 117(2); ;Evidence Act, 1872; ;Army Act, 1950 - Sections 162 and 164(2); ;Border Security Force Rules, 1969 - Rules 48.3, 156 and 167 to 169; ;Constitution of India - Article 226

referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as … The record of evidence was illegally prepared on the basis of the order issued on 9th June, 2001. Section 87 of the B.S.F. Act clearly provides that the provisions of the Indian Evidence Act, 1872 shall be applicable

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Jan 29 1991

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Decided on : Jan-29-1991

Subject : Criminal

Acts : Border Security Force Act, 1968 - Sections 4, 87, 107, 117 (2) and 118; Constitution of India - Articles 14, 217, 226 and 227; Army Act, 1959 - Sections 164(2); Border Security Force Rules - Rules 167 to 169

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

J.1. Whether a personal hearing is required before disposing of a petition filed under Section 117(2) of The Border Security Force Act, 1968 ('Act' for short) against an order of the Summary Security Force Court? This in short is the question … be followed by Security Force Courts. As per the said procedure, the witnesses can be summoned and examined. Section 87 lays down that the Evidence Act, shall, subject to the provisions of the Act, apply to all proceedings

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Jan 12 2011

Janardan Sharma Vs. Union of India and ors.

Court : Delhi

Decided on : Jan-12-2011

Subject : Constitution

Acts : Navy Act 1957; Constitution of India - Article 226

in Force Custody and reduced his rank from Head Constable to Constable.16. As per Section 107 of The Border Security Force Act 1968 a finding or sentence by a Security Force Court has to be confirmed and a revision also lies … this plea by way of an oral submission.27. The third plea urged was on merits and foundation whereof Section 87 of the BSF Act which stipulates: 'The Indian Evidence Act 1872, shall, subject to the provisions of this

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Mar 30 1988

Border Security Force (B.S.F.), Meghalaya Vs. State of Meghalaya and o ...

Court : Guwahati

Decided on : Mar-30-1988

Subject : Constitution

Acts : Commissions of Inquiry Act, 1952 - Sections 2 and 3

that the B.S.F. is an armed force of the Union. This is apparent from the provisions of the Border Security Force Act, 1968, Section 4(1) of which dealing with the constitution of the Force states that '(t) here shall be an armed

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Jan 23 2014

Sub.inspector Gurbachan Singh Vs. Uoi and ors.

Court : Delhi

Decided on : Jan-23-2014

Subject : Land Acquisition

the BSF Act, 1968 to the confirming authority.25. Thereafter the petitioner preferred petition under Section 117(2) of the Border Security Force Act, 1969 to the Director General, BSF, Ministry of Home Affairs, Govt. of India, which petition was rejected vide … to the higher Hqrs by the Commandant, STC. Since the accused was in the processes of attachment to 87 Bn BSF no action could be initiated as per Rule 44 of BSF Rules nor was he tried/punished

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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 … however in Franklin v. Minister of Town and Country Planning 1948 AC 87 had this to state:'... I could wish that the use of the

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May 27 2005

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : May-27-2005

Subject : Civil

Acts : Border Security Force Act, 1968 - Sections 10, 11, 11(2), 11(3), 11(4), 19 and 62; ;Border Security Rules, 1969 - Rules 20, 20(1), 20(2), 20(3), 20(6), 21, 22, 22(2), 28A, 48, 49, 167, 168, 170 to 176 and 177; ;Border Security Force Rules, 1968 - Rules 20, 21, 22(2) and 177

Reported in : 2005(3)JKJ159

Dias non. This order has been challenged on the ground that no inquiry under Section 62 of the Border Security Force Act, 1968 read with rules 170 to 176 of the Border Security Rules, 1969 was held against him. He was

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Feb 20 2017

Ex. Ct. Madan Mohan vs.union of India & Anr.

Court : Delhi

Decided on : Feb-20-2017

Subject : Land Acquisition

sentenced to dismissal from service vide Annexure P-5 (Colly) as well as Ministry of Home Affairs, Directorate General Border Security Force letter dated Feb 2005, upholding the said findings and sentence. W.P. (C) 4810/2015 Page 1 of 28 (ii) … was appointed though, no affirming of the interpreter, as required under Rules 134 and 136 of the BSF Act, 1968 and Rules, 1969 was carried out; (ii) petitioner was not provided with the copy of statement of witnesses; … shall be the truth and nothing but the truth. I had joined 87 Bn BSF in the month of June 2001 at Udhampur on permanent … For certain acts, the petitioner was proceeded by SSFC on charges under Section 20(b), 20(c), 19(f) and 26 of the BSF Act, which resulted in

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