Judgment Search Results Home > Cases Phrase: border security force act 1968 section 104 order for custody and disposal of property pending trial Page 12 of about 438 results (4.021 seconds)

Constable Basavaraj S/O Vurpanna Vs. the Union of India (Uoi) Rep. by ...

Court : Karnataka

Reported in : ILR2007KAR485; 2006(4)KCCR2695; 2006(6)AIRKarR272

..... 7-10-2001 and 27-2-2002 produced as annexures-'a' and 'k'. as per annexure-'a', the petitioner basavaraj who is a constable in the border security force was dismissed from service with effect from 7-10-2001. as per annexure-'k' order, the statutory petition filed by the writ petitioner against the dismissal ..... -2001 in the special train carrying troops from samba to farrakka, proceedings were initiated against the petitioner and he was tried by the summary security force court (ssfc) tinder the bsf act. the allegation was that during a quarrel between head constable puran singh and head constable b. balakrishnan, the petitioner intervened and while separating ..... head constable puran singh and head constable balakrishna had taken place and the petitioner had intervened. the area of dispute is only with regard to the acts done by the petitioner in the process of separating the quarrelling superiors. there are different versions regarding the cause of injury suffered by puran singh. according .....

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

Court : Rajasthan

Reported in : 2009(3)WLN209

..... rifle 7.62 slr (body no. 1934) at nos. 85102613 const. v. purushottam of the same coy. with an 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 the conclusion that the case ..... in question was not falling within the exception provided under section 46 of the act of 1968 directed to try the appellant by summary security force court (ssfc). the summary security force court by its order .....

G.M. Gouzaming Kuki @ G.M. Kuki Vs. UOI and Others

Court : Delhi

..... that this certificate cannot be sufficient to satisfy the duty the court has in ensuring the accused's fitness to stand trial under section 100 of the border security force act, and that the trial is consequently illegal. for the same reason, the plea of guilty taken by the petitioner in the ssfc trial should not be ..... from leave to find that his medical documents were missing (which he ascribes to the respondents), and that he faced summary security force court proceedings for an offence under s. 21(2) of the border security force act ( disobeying the lawful command given by his superior officer ?). the offence alleged against him was that he disobeyed his superior ..... s. ravindra bhat, j. 1. the petitioner, a lance naik in the border security force ( bsf ?) is aggrieved by the order of dismissal issued to him on 16.01.1996 pursuant to a trial by the summary security force court (ssfc). he seeks directions for quashing of the proceedings and the order of dismissal. 2. the petitioner, a .....

Ex. Constable Narender Bahadur Singh Vs. Uoi and Others

Court : Delhi

..... the present writ petition seeking prayer for quashing the order of dismissal dated 7th october, 1996 passed by a summary security force court by the comdt. 25 bn bsf on a charge under section 41(e) of border security force act, 1968 for accepting rs.20,000/- from one nanak chand for procuring enrollment of two persons namely satbir singh ..... awarded is excessively harsh and disproportionate. the petitioner has referred some other instances where, accused persons were tried and convicted by general security force court on charges under section 41(e) of the bsf act, 1968 but none of the accused therein were dismissed from service and only minor punishments were awarded, but in the case ..... detained as friend of petitioner vide unit order dated 24th september, 1996. 13. the summary security force court was held at new delhi on 7th october, 1996 for trial of the petitioner on a charge under section 41(e) of bsf act, 1968 and the petitioner was found guilty. 14. section 41(e) lays down the specific .....

Union of India (Uoi) and ors. Vs. Smt. Onkar Kanwar

Court : Rajasthan

Reported in : 2007(1)WLN453

..... the petitioner's husband was habitual offender of consuming liquor on duty.11. we find that section 26 of chapter - iii of the boarder security force act, 1968 (hereinafter referred to as the 'act of 1968' only) defines offence for intoxication and punishments to be awarded. it is not the essential ingredients of a charge of misconduct of ..... (c) of section 48 is a lesser punishment and could have been inflicted to the incumbent in terms of section 26 of the act of 1968 on being punished by summary security force court.20. learned counsel for the appellant contends that once the offence under section 26 is proved to have been committed by the incumbent ..... . in that view of the matter, no interference was called for with the punishment imposed by the security force court in exercise of the powers vested under the statute as it has acted within his jurisdiction and not acted unreasonably in punishing the petitioner's husband. it is rather unfortunate that soon after the appeal was rejected .....

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

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ73

..... , by amendment of the rules of 1968 in exercise of the power conferred by clause (b) and (c) of sub-section (2) of section 141 of border security force act, 1978.5. appellant also claimed that his age of superannuation should have been 60 years instead of 57 years as in the case of other central civil servants, ..... g.s.r. 273 (e), 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 the officers holding a rank higher than that of ..... rules or by adopting these rules that the members of the security forces derive some benefit. the central government in exercise of its powers under section 141 of the border security force act has notified the border security force rules, 1969. so the issue with regard to superannuation of the members of the border security force is basically dealt with under rule 9 of the rules. .....

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

..... of anand singh bisht and ajmer singh at the bar.12. as regards the availability of safeguards to ensure that there is no miscarriage of justice, the border security force act and rules are also a self-contained and comprehensive code, inter alia, specifying offences as well as prescribing the procedure of the trial of offenders etc. one ..... precedent at the bar setting down parameters similar to the ratio in d.k. chandras case (supra), in the context of a case arising out of the border security force act and rules, in circumstances akin to that of the petitioner. while on the subject, we might also add that section 464 of the cr.p.c., 1973 ..... section 233 of the criminal procedure code, 1898, as well as sections 234, 235 and 236 thereof. in the case at hand, the offences complained of have arisen under the border security force act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete code as regards the offences, as well as the procedure, for investigating .....

K.S. Vohra Vs. Director General of Border Security Force

Court : Guwahati

..... been submitted in the beginning of 1977. but the petitioner was neither communicated with the finding of the enquiry nor with the opinion of the deputy inspector general, border security force. but surprisingly after about 11 or 12 years, present decision of resumption of the enquiry has been taken up and by the impugned signal the petitioner has ..... of a loss of tape-recorder, which neither belonged to the government, nor to any forceman, band or institution, nor to any person of the force; nor there was any act in respect of such property with intent to cause wrongful gain to one and wrongful loss to another. 9. statements of two witnesses recorded by the ..... of the bsf and rules specially in the context of expeditious disposal of disciplinary proceedings and therein it was clearly indicated that the main aim of the bsf act and rules is to ensure expeditious and not vexatious disposal of disciplinary proceedings. 14. the supreme court held in series of cases that delay and dragging enquiry .....

Mr. Banwari Lal Yadav Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 134(2006)DLT353; 2006(90)DRJ50

..... calcutta high court in civil rule no. 3236 (w)/73 titled as sukhen kumar @ chandra baisya v. commandant, 71 battalion, border security force, to contend that neither section 75(1) of the bsf act nor article 20(2) of the constitution had any application whatsoever to the facts of the present case. in the case before the ..... calcutta high court, the inspector general, border security force, west bengal had set aside the proceedings of the summary security force court after recording his satisfaction that injustice ..... passing such sentence all the provisions of the bsf act and rules were followed in letter and spirit.9. upon hearing counsel for the parties and going through the records produced by the respondents, we find that the respondent no. 2, the director general, border security force in exercise of his powers under section 161 of .....

EX-HC Brij Kumar Vs. Union of India and Others

Court : Delhi

..... on account of the fact that the commandant of the battalion who took the decision to try the petitioner before the summary security force court accorded approval to his decision in his capacity as the acting dig. secondly, whether on the uncorroborated testimony of hc balbir singh, who would obviously be an accomplice keeping in view ..... connived with the smugglers for smuggling activities on the border, collected money from them and further distributed the same among the bop personnel. 6. the petitioner was thereafter served with the charge-sheet drawn up by the commandant and was directed to appear before the summary security force court, which was presided over by the commandant ..... he denied having permitted so. hc jailal showed him the hoof marks of the cattle heads, at which he confessed having permitted 16 cattle to cross the border. thereafter hc jailal went away. he deposed facts concerning what happened on october 04, 2001 in sync with what he had said during recording of evidence. .....