Judgment Search Results Home > Cases Phrase: border security force act 1968 section 115 transmission of proceedings of summary security force courts Court: kerala Page 1 of about 1 results (0.129 seconds)

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

Court : Kerala

Reported in : 1997CriLJ878

..... was released by the b.s.f. officers. now, the contention advanced by the appellant is that he 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 section 3 of the b ..... also the fir 53/95 of r.k. puram police station, new 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. (hq) fhq it was found that the ..... offence triable by such court as well as by a security force court.the above section shows that if the trial has commenced within a period of six months proceedings could be taken against the persons who have retired from service. section 77 says that an offence under this act while subject to this act and if he had ceased to be so subject .....

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

Court : Kerala

Reported in : AIR1995Ker21

..... amrik sing, air 1991 sc 564, held that in cases of special enactments like army act all the principles of natural justice cannot be 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 deals with petitions filed under section 117 of the act and 'even in them there is nothing to indicate that a hearing has ..... is governed by discipline, as is a fire brigade, is exercising disciplinary authority over a member of the force, that he is acting either judicially or quasi judicially. it seems to me that he is no more acting judicially or quasi judicially than a schoolmaster who is exercising disciplinary powers over his pupils.' in herring v. templeman, (1973) 3 .....

Niyamavedi and Etc. Etc. Vs. Director, Cbi and ors.

Court : Kerala

Reported in : 2000(1)ALT(Cri)176; 1999CriLJ2231

..... governmental authorities also like directorate of revenue intelligence, directorate of enforcement, coastal guard, central reserve police force (crpf), border security force (bsf), the central industrial security force (cisf), the state armed police, intelligence agencies like the intelligence bureau, raw, central bureau ..... of investigation (cbi), cid, traffic police, mounted police and itbp, which have the power to detain a person and to interrogate him in connection with the investigation of economic offences, offences under the essential commodities act, excise and customs act, foreign exchange regulation act ..... human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third-degree methods including torture and adopts techniques' of screening .....

Roy.K.Abraham Vs. Union of India, Rep.by Its Secretary

Court : Kerala

..... 9813 of 200.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 21st day of january, 2013 judgment this writ petition has been filed by the petitioner challenging his termination from the service of the border security force. petitioner prays for a direction to quash exts.p4, p5 and p7 orders and for a declaration that he is entitled to back wages during the period he was illegally ..... of his trial and 17 good entries to his credit. he was punished earlier also by summary trial for offence u/s 19(a) of the bsf act and awarded 28 days ri in force custody w.e.f. 16- 2-2000. the petitioner was habitual of overstaying from leave and he overstayed on five occasions which was regularized later on. ..... copy of the letter to the senior supdt. of police dated 18-12-00. ext.p3: true copy of the form of summary proceedings u/s 53 of the bsf act. ext.p4: true copy of the order portion of the ssfc dated 10-2-2003. ext.p5: true copy of the order rejecting the appeal dated 23-1-2004. .....

Jyothi Daniel Vs. Union of India

Court : Kerala

..... or order declaring that petitioners are entitled to get enhanced family pension and all service benefits (including insurance amount & dcrg) related to the service of mr.c.s.daniel in border security force, who is missing from 03/03/2004. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 5 to grant enhanced family ..... after it is found that he is missing for the last seven years. this exactly is the presumption that can be drawn in terms of section 108 of the evidence act. when the rule itself is clear that full pension and other benefits has to be given after the expiry of seven years period from the date of missing, the contention ..... the police that the husband of the 1st petitioner was missing for the last seven years and is presumed to be dead in terms of section 108 of the evidence act 1872. w.p.c.no.26734/2014 3 3. though the petitioners had filed a civil suit as o.s.no.3/2012 before the munsiff court, punalur, the same .....

State Vs. Moidu

Court : Kerala

Reported in : 1991(51)ELT34(Ker)

..... invest any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officers, with the powers of an officer-in-charge of a police station for the investigation of the offences under this act. '(2) the state government may, by notification published in the official gazette, invest ..... and circumstances of the case.'8. section 36 and 36a to 36d of the act came into force with effect from 29-5-1989. special courts have now been constituted in kerala. by virtue of section 36d of the act, offences under the act will have to be tried by the court of session, which is not ..... procedure, which disclosed an offence triable by a court of session. there are obvious differences between ordinary private complaints and complaints laid by public servants acting or purporting to act in their official capacity. a magistrate taking cognizance of a complaint under section 200 of the code of criminal procedure shall examine on oath the .....

Sasi Vs. State of Kerala

Court : Kerala

Reported in : 2001(2)ALT(Cri)383; 2002(81)ECC645

..... ndps act (wrongly mentioned in the above judgment as rules) reads as follows:'42. power of entry, search, seizure and arrest without warrant or authorization: (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 ..... ..... (3) ..... (4) ..... to be false'. by special or general order state government can empower an officer under s. 42(1) of the ndps act.6. proviso to s. 42 is very clear. no external aid is necessary for interpretation. as we have discussed earlier, notification empowering all officers of the police ..... manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe any furnish evidence of the commission of any offence punishable under chapter .....

State Superintendent, Special Customs Preventive Unit Vs. Moidu

Court : Kerala

Reported in : 1991CriLJ800

..... any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officers, with the powers of an officer-in-charge or a police station for the investigation of the offences under this act.(2) the state government may, by notification published in the official gazette, invest any ..... circumstances of the case. 8. sections 36 and 36a to 36d of the act came into force with effect from 29-5-1989. special courts have not been constituted in kerala. by virtue of section 36d of the act, offences under the act will have to be tried by the court of session, which is not obliged ..... procedure, which disclosed an offence triable by a court of session. there are obvious differences between ordinary private complaints and complaints laid by public servants acting or purporting to act in their official capacity. a magistrate taking cognizance of a complaint under section 200 of the code of criminal procedure shall examine on oath the .....

M.C. UssaIn Vs. State of Kerala

Court : Kerala

Reported in : 1999CriLJ630

..... the act can be reproduced hereunder: 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 ..... prosecutor, mr. sukumaran, and the contention of the person of the accused. thereafter, he had put the question as per the provision in section 50 of the act and then he had arrested and recovered the contraband. in that situation, there was no violation of section 42. when i examined the above submissions of both ..... used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to .....

Pillai K.D. Vs. Chairman-cum-managing Director, Ongc

Court : Kerala

Reported in : 2008(3)KLJ179; 2008(4)KLT199

..... non-receipt of pension which arose within the jurisdiction of this court.5. in paul v. border security force 2000(3) k.l.t. 112, a learned single judge of this court in the case of pension of an employee who retired from border security force, held that this court has jurisdiction to decide the eligibility to get pension so long he ..... the instant case the activities of the board do not come under the guidelines laid down by this court in pradeep kumar biswas case (supra). hence there is force in the contention of mr. venugopal that this petition under article 32 of the constitution is not maintainable.in fact, the scheme was framed as an alternate scheme ..... to the employees provident funds and miscellaneous provisions act, 1952. it is not a private trust. large number of employees retired from ongc are eligible to receive pension. the ongc has got establishment in many of .....