Judgment Search Results Home > Cases Phrase: border security force act 1968 section 104 order for custody and disposal of property pending trial Court: himachal pradesh

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

Court : Himachal Pradesh

..... counsel for the petitioner during the course of arguments was that in the impugned order of dismissal passed by security force court, no reasons have been given for coming to the conclusion of 'guilty' as against the petitioner. according to rule 99 of border security force act, 1961, while giving a finding on every charge finding of guilty or not guilty has to be given by ..... the order passed by the appellate authority. the petitioner did not avail the remedy prescribed under section 117(2) of the act but filed the present writ petition. our attention has not been drawn to any rules framed under border security force rules similar to rule 99 which provide for recording of reasons now as discussed above in case of finding of guilty or .....

Hardyal Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : 2007(1)ShimLC93

..... of himachal pradesh on 6.12.1961. thereafter, he was selected in the indian army and joined as a commissioned officer on 19.1.1964. in the year 1965, the border security force act (for short: bsf) was promulgated and the bsf was set up. the petitioner was discharged on 9.4.1970 and thereafter joined bsf as assistant commandant on 29.7.1970 ..... the rule is also bad, inasmuch as, it requires the petitioner to fulfil an impossibility and is hit by the maxim lex non cogit a impossibilia, i.e. the law forces not to fulfil impossibilities. in support of his contention, mr. thakur has urged that as far as the petitioner is concerned, he stands on equal footings with all other ..... . at the relevant time, the bsf had not framed its own rules and it was governed by the central reserve police force (for short: crpf), rules.2. rule 43 of the said rules provided that the age of superannuation of an officer of the bsf who reaches the rank of commandant .....

Mrs. Vidya Stokes Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 1994CriLJ1833

..... alleged that from april, 1988 to december, 1988, respondent no. 2 was on deputation to the border security force in jammu and kashmir and from december, 1988 to may, 1990, he was appointed as inspector general (g) (intelligence and vigilance) border security force at new delhi. respondent no. 2 has denied the allegations that he was, in any manner ..... . the allegations made in the f.i.r. or in the charge-sheet did not show that the bank employees or the customer had acted dishonestly, namely, acted with a deliberate intention to cause wrongful gain or wrongful loss nor did the allegations constitute any offence of cheating or forging. it was observed ..... followed in government departments. we have already noticed the constitution of the council, which is a wholly autonomous body, a society registered under the societies registration act, having its own constitution and management. although investigations have been concluded in most of the cases, but even in those cases there is no material .....

State of Himachal Pradesh Vs. Sudarshan Kumar and Etc.

Court : Himachal Pradesh

Reported in : 1989CriLJ1412

..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise, ..... acting under section 42.42. power of entry, search, seizure and arrest without warrant or authorisation.- (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force ..... for illicit arms and ammunition or a member of the armed forces in a border engagement may hit upon such a chance recovery. it will be too much to say that such a recovery would not constitute an offence under the narcotic act. take another instance. a designated officer of police department conducting .....

indru Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1989CriLJ2238

..... v. state 1972 cri lj 57 (all) a minor married girl was abducted by the accused and others from the house of her father. the accused secured the ornaments which she was wearing on her person by dishonest inducement through convincing her that it would not be safe for her to be putting on ornaments as ..... held by a learned single judge of the allahabad high court that her statement immediately after the occurrence was admissible as res gestae under section 6, evidence act and further that it provided the necessary corroboration so as to lend assurance about the trustworthiness of her testimony on the question of exercise of dishonest inducement by ..... which it had occurred. this would certainly constitute a complaint relating to the crime and therefore, relevant as specifically laid down in illustration (j) to section 8, evidence act. this illustration reads:(j) the question is, whether a was ravished. the facts that, shortly after the alleged rape, she made a complaint relating to the crime, .....

Union of India (Uoi) Vs. Sansar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1960HP1

..... fold : in the first place, he submitted--& in my opinion with considerable justification--that the court below has wrongly assumed that the provisions of the indian contract! act were in force in chamba district at the relevant time. he pointed out that the surety bonds were executed by respondents 3 to 6 on 29th bai-sakh, 2005 b. ..... no obligation on the part of the lessors to station a police guard at these bridges. he submitted that police guards were deputed to these bridges primarily for security purposes and they were liable to be withdrawn at any time without notice to the respondents. mr. sethi further urged that it was no part of the ..... time, and thus create elements of considerable embarrassment when the court comes to decide on the question of delay. it is urgently expedient to adopt a procedure which will secure at the stage of admission, the final determination (after due notice to all parties) of any question of limitation affecting the competence of the appeal.' (ii) jodhan .....

Bakhtawar Singh Vs. the State

Court : Himachal Pradesh

Reported in : 1951CriLJ17

..... of cloth and other supplies, the maintenance of which is essential to the community, and in furtherence of that object indulged in activities prejudicial to the security of the state and the maintenance of public order, your detention has therefore been ordered to ensure the maintenance of supplies and public order.2. although ..... assistant to the advocate-general stated that movement of cloth is prohibited by an order made under the essential supplies (temporary powers) act, 1946 (act xxiv 24. of 1946), which is still in force the fact that movement of cloth is being controlled does not by itself prove that smuggling is affecting the supply of an essential ..... introduces a new and fresh ground for the orders of detention. the allegation that smuggling activities involve tiring by the polios on both sides of the border and thereby create a danger of misunderstanding and bad relations between india and pakistan is clearly not merely a further particular amplifying a ground of detention already .....

ishwar Chand Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1976CriLJ386

..... bail is not a right appertaining to any pending judicial proceeding against the accused. it would seem from section 11 (5) of the defence and internal security of india act, 1971 that the trial before a special tribunal can proceed without his presence, it will also be noticed that the provisions relating to bail are set out ..... himachal pradesh commodities price marking and display order, 1975. the points which arise in the different petitions are dealt with generally.5. the defence of india act, 1971 was brought into force on december 4, 1971. it was enacted pursuant to a proclamation of emergency by the president under article 352 (1) of the constitution declaring that ..... the special tribunal remains intact and undisturbed.27. it is pointed out by the learned advocate general that in the code of criminal procedure 1898, which was in force when the defence of india rules, 1971 were enacted, the provisions relating to bail were set out in chapter 39 which formed part of part ix dealing with .....

Kanwarani Madna Vati and anr. Vs. Raghunath Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1976HP41

..... never spent anything out of that money. therefore, in these circumstances, there is nothing surprising if the plaintiff had sufficient money to advance to the defendant against the security of land. the defendant had summoned shri ram dass to produce the assessment record which he did not produce and, therefore, from this the defendant wants that an ..... the property at the time when the mortgage was created. even if it was so she had become full owner of the property after the coming into force of the hindu succession act.14. the claim of the plaintiff for interest was allowed and the court, therefore, passed a decree for possession of the property.15. the first ..... 1 is the widow of kr. mohan singh of junga, presently residing in kasumpti bazar of simla district. she borrowed rs. 13,400/-from the plaintiff against the security of the property mentioned in the mortgage deed, pa. this property consisted of several khasra numbers and buildings thereon. the mortgage was effected on 27-9-1950, but .....

State of Himachal Pradesh Vs. Pawan Kumar

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC167

..... d.k. ghosh. therefore, the possibility that the aluminum phosphide was administered forcibly can also not be ruled out, especially when there is evidence of use of criminal force and violence against the deceased. however, the respondent was not charged with the offence of murder. otherwise also, when two inferences can be drawn from the facts and ..... the said sub-section (1) shall have the same meaning as in section 2 of the dowry prohibition act, 1961. in section 2 of the dowry prohibition act, 1961, dowry has been defined to mean-any property or valuable security given or agreed to be given either directly or indirectly-(a) by one party to a marriage to the ..... uttered even a word about the alleged harassment of the deceased by the respondent or his having treated her with cruelty and also possibility of the deceased having been forced by her brother pw-3 jai gopal to sign the transfer papers of shares and, on account of that her having gone in depression and ultimately committing suicide .....