Judgment Search Results Home > Cases Phrase: border security force act 1968 section 108 power to confirm finding and sentence of general security force court Court: delhi Page 1 of about 33 results (0.484 seconds)

P.B.Bansal Vs. Uoi and ors.

Court : Delhi

..... to the inspector general bsf for confirmation as contemplated by section 108 of the border security force act 1968 (hereinafter referred to as "the act"). vide order dated 28.04.1995, exercising powers under section 113 of the act, the inspector general returned the record to the gsfc to revise/reconsider the ..... 1. the petitioner was enrolled with the border security force on 27.06.1966. he was promoted to the rank of subedar major (hindi translator) in ..... wherein he denied the charges levied upon him and alleged mala fide on behalf of the jad, vigilance and ci.5. the general security force court returned a verdict of guilty qua the first and fifth charge and exonerated the petitioner of the other three i.e. the ..... evidence to the competent authority. after considering the record of evidence, vide order dated 16.09.1994 the competent authority convened a general security force court (herein after referred to as the "gsfc") to try the petitioner as per the charge sheet dated 23.3.2004, which .....

Sub.inspector Gurbachan Singh Vs. Uoi and ors.

Court : Delhi

..... india. however, liberty was granted to the petitioner to file petition under section 117(2) of 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 ..... unnecessary details, the factual backdrop leading to the filing of the present petition, is that in the year 1967 the petitioner was enrolled as a constable in border security force and earned promotions to the rank of sub-inspector in course of time. in the year 1981 the petitioner was attached to the bsf subsidiary training centre, ..... attached with stc bsf ranidanga. fourth charge bsf act section-26 3. intoxication in that he, at ranidanga on 06 dec 1981 at about 2000 hrs was found in a state of intoxication on july 08, 1982 inspector general, bsf, west bengal directed that a general security force court (hereinafter referred to as the gfsc ) .....

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

..... border security force confirmed the finding and sentence of the security force court in terms of the provisions of section 107 of border security force act, 1968. 20. aggrieved by the finding and sentence awarded by the security force court which stood confirmed by the director general, the petitioner preferred a petition under section 117(2) of border security force act, 1969 to the directorate general border security force ..... , ministry of home affairs, government of india, which petition was rejected vide order dated 26.03.2007. 21. aggrieved by the finding and sentence awarded by the security force court and the order dated 26.03.2007 passed by the directorate general, border security force, the petitioner ..... 1. petitioner atul kumar singh was enrolled as an assistant commandant with border security force (herein after referred to as the "bsf") and was promoted to the post of commandant in the year 2002. .....

Prosenjit Kundu Vs. the Presiding Officer, General Security Force Cour ...

Court : Delhi

Reported in : 2006(88)DRJ856

..... frontier (annexure p.4), and the order of the director general, bsf rejecting the statutory petition filed by the petitioner under section 117(2) of the border security force act, and a writ, order or direction in the nature of mandamus to reinstate the petitioner with all consequential benefits for the intervening period. 2. the petitioner ..... during the pendency of the writ petition the petitioner moved an application for suspension of his sentence on the ground that under section 130 of the border security force act, sentence can be suspended by the director general or any other empowered officer and the petitioner having already served sentence of six years and two months ..... shall be communicated to this court. pursuant to the orders of this court, the director general in exercise of his powers under section 130 of the border security force act passed an order on 26th september, 2005 by which the sentence of the petitioner was suspended for a period of six months pending the hearing of .....

Balwinder Singh Vs Union of India and ors.

Court : Delhi

..... in the proceedings.46. the statutory scheme clearly sets out the legislative intent so far as the defence of a personnel covered under the border security force act is concerned. to facilitate defence of the accused before the courts, the statute provides for a defending officer, friend of accused and counsel at ..... it was held that the respondents had made mockery of the system.78. section 8 of the border security force act makes the provisions of the indian evidence act applicable to all proceedings before a summary security force court.79. the petitioner was placed in close arrest on 3rd october, 1997. it is noteworthy ..... 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 section 74 to try any offence punishable under the act subject to certain stipulated exceptions. sub-section 4 of .....

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

..... ultimately to the union government. thereforee, ordinarily there should be a finality to the proceedings as envisaged by these enactments, in this case the border security force act and the border security force rules. the high court's powers under article 226 of the constitution to judicially review such findings is for a limited purpose, namely, ..... we proceeded to examine this matter on merits. investigation into an offence alleged to have been committed by a person subject to the border security force act 1968 (for short 'the act') is dealt with under chapters v to vii of the rules. for the present case the relevant chapter is vii and commence with ..... consequential benefits. 2. the case before the learned single judge was that the respondent was tried by general security force court on a charge under section 31(b) of the border security force act (for short the act) namely :- without proper authority extract from any person money wherein he was convicted and sentenced to dismissal from .....

Amresh Sharma vs.director General, Border Security Force

Court : Delhi

..... husband to his own name. her brother-in-law namely kailash chand was also a d.i.g. in the border security force and such a second marriage was a civil offence under section 46 of the border security force act.5. the petitioner filed a complaint with the bsf on june 18, 2009 alleging that kailash chand had deceitfully induced ..... improperly acquired and disposed of immovable properties belonging to her and to others. a trial was held by the general security force court (for short g.s.f.c. ) established under section 64 of the border security force act, 1968 (bsf act). two separate charge sheets were framed by the g.s.f.c. the first charge sheet was issued under section ..... 46 of the bsf act, which is sexual intercourse caused by a man deceitfully inducing a belief of lawful marriage punishable .....

Sukhwinder Singh Vs. Union of India and Another

Court : Delhi

Reported in : 1996CriLJ3892

..... having arisen in the territories of the state of jammu and kashmir but his contention is that in view of the provisions of border security force act, any trial made by any general security force court may be subject to the jurisdiction of the delhi high court as the central government is at delhi and the office of ..... punjab and is presently lodged in the jail of jammu. (2) the petitioner has not exhausted the remedy available to him under section 117(2) of the border security force act, 1968 against his conviction and sentence. thus, the petitioner has not availed of the aforesaid statutory remedy and, thereforee, without exhausting his statutory remedy, he ..... have been challenged in this petition on the grounds, inter alia; (1) that the bsf authorities have usurped the jurisdiction of section 80/81 of the border security force act; (2) that the bsf authorities compelled the petitioner to examine himself as a witness against him in violation of article 20(3) of the constitution of india .....

Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(87)DRJ108

..... central government dismissing the post-confirmation petitions in respect of an army personnel challenging such court martial verdicts and the same analogy of the army act applies to the border security force act as the provisions of the army act and the border security force act are pari materia.7. the pleas of the learned counsel for the petitioners, mr. r.p. sharma, mr. bishram singh and ms. jyoti singh ..... section 116 read with the rules 103-133 of the army act, 1958. the summary security force court is held under section 74 read with rules 133-161 of the border security force act. general court martials under the army act are akin to security force courts and summary court martials are akin to summary security force courts under the bsf act.4. the brief facts of the representative case, wp.no.9427 .....

Sukhwant Singh Vs. Union of India

Court : Delhi

Reported in : 1996IIIAD(Delhi)77; 1996CriLJ4079; 1996(38)DRJ299

..... to smuggle weapons from pakistan. thirdly the petitioner voluntarily omitted to inform about the said design to his superior officer. proceedings before general security force court were held under the border security force act,1968. after affording full opportunity to the petitioner, the proceeding of conviction was submitted. authority sentenced the petitioner to suffer rigorous imprisonment for ..... to the impugned order, we must have a quick glance to the relevant facts of this case. the petitioner, sukhwant singh, was working in the border security force in 0ctober,1966. in december,1991 while serving as junior staff officer (water wing) he was posted to perform the duties as the personal officer of ..... in, or beyond india, commits any civil offence, shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a security force court and, on conviction, be punishable as follows, that is to say:- (a) if the offence is .....