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Judgment Search Results Home > Cases Phrase: border security force act 1968 section 115 transmission of proceedings of summary security force courts Court: punjab and haryana

May 14 2010 (HC)

Gurdip Singh Bath Vs. Union of India (Uoi)

Court : Punjab and Haryana

..... that the principles of natural justice have not been complied with, while terminating the services of the petitioner as trial of the petitioner was held by the general security force court as required under the border security force act as the allegation against the petitioner was for an offence committed under section 18 of the bsf rules, suffice it to say that the competent authority on ..... per the allegations levelled against the petitioner, the petitioner had absented himself from duty without leave and therefore, had committed an offence unde section 18 of the border security force act, 1968, (hereinafter referred to as 'the bsf act') because he was declared a deserter. for such serious allegations as levelled against the petitioner, the principles of natural justice demand that inquiry should have been .....

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Nov 17 1992 (HC)

Union of India (Uoi) Through Ministry of Home Affairs and ors. Vs. Ex- ...

Court : Punjab and Haryana

Reported in : (1993)103PLR356

..... security force court and sentenced to six months rigorous imprisonment. he was also dismissed from service the order of the security force court was confirmed by the deputy inspector general of border security force jalandhar, vide his order dated ..... quarter of miss jasbir kaur, a teacher in the local b. s. f. higher secondary school and used criminal force with intent to outrage her modesty madan singh was consequently charged under sections 40 and 46 of the border security force act, 1968 (hereinafter referred to as the act).during trial, madan singh confessed the charges levelled against him and consequently he was convicted by the .....

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Jan 11 2000 (HC)

Head Const. Hardev Singh Vs. Union of India and Others

Court : Punjab and Haryana

Reported in : 2000CriLJ2585

..... petition was disposed of within three months from the receipt of the court order. the respondents defended the vires of the provisions of the border security force act, 1968 and the border security force rules, 1969 and contended that the same were in accordance with the provisions of the constitution of india. it was further mentioned that whatever ..... court-martial are rendered infirm in law. this disposes of the first limb of the contention (a).' 22. section 65 of the border security force act provides as under :- 'a general security force court may be convened by the central government or the director-general or by any officer empowered in this behalf by warrant of the ..... new court to be constituted for his trial. 5. the petitioner lateron submitted a post-confirmation petition under section 117 (2) of the border security force act (hereinafter to be referred as 'the act') to the union of india, i.e. respondent no. 1 through secretary, ministry of home affairs, new delhi and a copy of .....

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Jul 08 2014 (HC)

Whether Respondent (Now Appellant) Developed Sexual Vs. Jasvinder Sing ...

Court : Punjab and Haryana

..... penal code. both the suggestions were denied by him. it was also put to him that the police favoured him because he was an employee of the boarder security force, which was also denied. he was asked about the affidavits sworn by the parents of the appellant, to which he replied that it was correct that such affidavits ..... 01.2014 passed by the learned additional district judge, kurukshetra, vide which the petition filed by respondent no.1 (husband) under section 13 of the hindu marriage act, 1955 (act for short) was allowed. the appellant wife came up in appeal assailing the judgment on the ground that respondent no.1 had deserted her and even neglected ..... of cruelty?. opp2 whether the petition is not maintainable?. opr3 whether the petitioner (now respondent no.1) is estopped from filing the present petition by his own act and conduct?. opr4 relief. learned counsel for the appellant argued that the trial court wrongly held that the appellant was living in adultery with sahab singh because it .....

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Jun 01 2000 (HC)

Dula Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : (2000)126PLR609

..... bad as no show cause notice was served upon the plaintiff. counsel further contended that under section 11 of the border security force act, 1968 (hereinafter referred to as the act) read with rules 20 and 21 of the border security force rules, 1969 ( hereinafter referred to as the rules) it was mandatory for the commandant not only to cause ..... 3.1980 but after availing of said leave he did not resume his duties. as a result court of enquiry was ordered under the relevant provision of border security force act and the rules framed thereunder. based upon the opinion of court of enquiry, plaintiff was declared deemed to be deserter. subsequently, show cause notice dated ..... and, therefore, is of no help to the case of the defendant.11. counsel for the union of india then contended that members of border security force being part of armed forces of the union, are not civil servants and, therefore, cannot invoke the principles of natural justice and article 311 of the constitution of india .....

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Oct 21 2005 (HC)

Baljinder Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 2006(3)SLJ392(P& H)

..... which has already been made.7. aggrieved at the aforesaid decision of the summary security force court, the petitioner preferred a statutory petition under section 117 of the border security force act, 1968 along with an application under section 130 of the act for suspension of the sentence imposed upon him. his appeal, however, was turned ..... down by the director general, boarder security force--respondent no; 2 vide order dated 30.4.2002 ( ..... whereby apart from sentencing the petitioner to undergo rigorous imprisonment for six months in civil jail, he was also dismissed from the service of border security force. as a consequential relief, the petitioner seeks his reinstatement in service along with all the monetary benefits.2. the petitioner was enrolled as a .....

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Jul 28 2004 (HC)

Pawanjit Singh Vs. Director General, Bsf and ors.

Court : Punjab and Haryana

Reported in : (2004)138PLR259

..... is found that you have given a wilfully false answer to any of the first twelve of the following questions, you will be liable to be punished provided in the border security force act, 1968.' 8. the petitioner totally ignored the warning. in such circumstances, it would be difficult for this court to hold that any injustice has been done to the petitioner. this ..... was dismissed from service, without giving any show-cause notice. the petitioner has challenged the aforesaid order on the ground that decision was taken in violation of the provisions of border security force rules, 1969. rule 20 provides for the procedure to be followed in cases of termination of services for misconduct. rule 21 provides for the procedure to be followed by the ..... s.s. nijjar, j.1. the petitioner was formally enrolled as a temporary constable in the border security forces (hereinafter referred to as 'the b.s.f.') w.e.f. 1.1.1987. according to the petitioner, he excelled in all the fields of training and did well in .....

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Jan 28 2013 (HC)

Present: Mr. Arun Bansal Advocate Vs. the Central Govt. Through Secret ...

Court : Punjab and Haryana

..... a division bench of the delhi high court had the occasion to deal with the provisions of re-trial in respect of a person subject to the jurisdiction of border security force act. in the case of nirmal lakra versus union of india, 2003 (2) s.c.t.588, the division bench has held that the earlier trial whereby the petitioner therein was ..... with necessary variation due to change in nomenclature relevant for the force. like s.f.c.under the act is known as summary court martial (scm) under the army act. similar provisions are made even in the boarder security force act, where also the person subject to the said act could be tried by the forums like security force court. the provisions to annul the proceedings and the prohibition .....

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Aug 10 1990 (HC)

Ravinder Singh Alias Laddi Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 1991CriLJ2339

..... as well as by the under secretary, home, it is mentioned that asi charan singh, head constable gurcharan singh, constable dalip kumar, some officials of the, border security force and some other persons mentioned in the calendar were then present. a mere glance through the above referred allegations leaves no doubt that it is quite vague as ..... 3, sub-section (2) read with section 3, sub-section (3) of the national security act (for short called 'the act') with a view to prevent him from indulging in activities prejudicial to the maintenance of public order and security of the state. the detenu was already in custody in proceedings under section 108/151 of the ..... of detention severable.--where a person has been detained in pursuance of an order of detention (whether made before or after the commencement of the national security (second amendment) act, 1984) under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on .....

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May 25 1967 (HC)

S. Gurdial Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H267; 1967CriLJ909

..... petitioner was in the army could not pursue this case. in the first place, the petitioner was not in the army but was certainly in the border security force, where the officers have to serve under conditions which are more or less similar to those prevailing in the army however, before the learned additional director ..... according to the allegations in the petition after repartition petitioners approached the settlement officer then the assistant director and ultimately the director under section 42 of the act. surprisingly enough no copy of order of any of the consolidation authorities has been placed on the record. it can, therefore, be safely presumed that ..... object of consolidating holdings and for no other purpose. inter alia it was observed as follows:'while preparing a scheme for the consolidation of holdings, the act of course, authorises reservation of land for common purposes, but that seems to me to be an incidental power conferred by the statute exercisable when consolidating .....

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