Court : Allahabad
Reported in : 2000(1)AWC783; (2000)1UPLBEC687
..... action nor any part of it had arisen within territorial jurisdiction of this court and secondly petitioner has an adequate and efficacious remedy available under section 117 border security force act, 1968.6. i have heard sri a. n. tripathi. learned counsel for the petitioner and sri 5. k. rai, advocate, learned counsel representing ..... and without undue delay decides on merit on being approached.15. in view of the above, petitioner may avail his alternative remedy under section 117. border security force act. 1968 in accordance with law which respondent shall not oppose on ground of delay/laches or limitation, as expressed before this court and noted above ..... from taking objection of delay, if petitioner approaches for relief under section 117, border security force act, 1968.in view of the above, no party has grievance if the rights of the petitioner are adjudicated on merit under section 117. border security force act. 1968.in the result, writ petition fails and is dismissed in limine solely .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1409; (2004)2UPLBEC1784
..... the first 12 questions detailed in part a, he would be liable to be punished, as provided in border security force act, 1968.8. section 23 of the border security force act, 1968 provides as below :'any person having become subject to this act who is discovered to have made at the time of enrolment a willfully false answer to any question set ..... it is not disputed that for giving false information in reply to the question no. 12 of the aforesaid questionnaire, the proceedings under section 23 of the border security force act had commenced. he was charged of making willful false statement to the aforesaid question and it was ultimately proved against the petitioner and the punishment in question ..... the first 12 of following questions you will be liable to be punished as provided in the border security force act, 1968.'since at the trial the petitioner was found to be guilty under section 23 of the b.s.f. act, 1968 for giving willful false answer to the question no. 12 contained in part a of .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ87
..... act or the rules operating in the area of section 482, cr.p.c. so as to override the latter and as such ..... retain the seized property. hence a case under foreign exchange regulation act (1947) cannot help the revisionist.37. further the revisionist cited the case of anand singh bishit v. union of india, 1986 cri lj 563 (cal), the case related to conviction and sentence under border security force act. considering the provisions of the act, it was held that there is no provision in the said .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)1UPLBEC196
..... heard sri arvind srivastava for petitioner and sri deepak verma, additional standing counsel for union of india, respondents 1 to 4.2. petitioner was enrolled as constable in border security force on 5.3.2002. he completed his training in the month of december, 2002 and was posted as constable in 14th battalion in punjab. on 28.6.2002, ..... by respondent no. 4, petitioner's services have been terminated. the order states that petitioner was tried by summary security force court on 17.1.2003 for an offence committed by him under section 23 of the bsf act for 'making at the time of enrolment a wilfully false answer to a question set forth in the prescribed ..... no. 4 vide letter dated 27.3.2002 directed answering respondent to verify the character and antecedents of sri raj kumar, the petitioner and submit report to him. acting upon the said letter of the then district magistrate, the then senior superintendent of police, gorakhpur got the character and antecedents of raj kumar son of ram laut .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3429
..... petitioner will be given pensionary benefits. in this condition petitioner submitted his resignation on 21.8.1996, on the same day he met the acting commandant, 38 battalion border security force. the resignation was accepted on 9.9.1996 with direction that petitioner shall be allowed to draw pension and petitioner's pensionary benefits as are ..... amount received at the time of discharge from the service.4. in the counter-affidavit of sri p. k. misra, deputy inspector general, sector headquarters, border security force, nagaland and manipur, it is stated that present writ petition is not maintainable due to lack of territorial jurisdiction as no cause of action of this petition ..... has arisen within jurisdiction of this hon'ble court. petitioner was discharged from his service after he resigned from border security force while he was posted outside of the state of u. p. it is further submitted petitioner has not challenged his discharge order which was passed .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC976; 2004CriLJ2392
..... pandey o. p. no. 2 is personally present in court today. however, o. p. no. 1 is not personally present today as he is posted as i.g. border security force. rajasthan. his personal appearance for today and future dates is exempted. sri s.c. dwivedi prays for and is allowed ten days for filing a reply.list on 26.7 ..... committed only by a person filing an application to that behalf. in other orders, unless a court was to take a suo motu action, the proceeding under the act would normally commence with the filing of an application drawing to the attention of the court to the contempt having committed. when the judicial procedure requires an application ..... said order, thus, have committed contempt of this court. in view of these allegations, the petitioner had approached this court by filing an application under section 12 of the act for taking action against the opposite parties for committing contempt. this court vide order dated 9th april, 1993, directed the opposite party no. 2, s. n. pandey, .....
Tag this Judgment!Court : Allahabad
Reported in : 2012CrLJ1855
..... submitted and it is a recovery which was made in day time, there was no reason for the border security force personnel to falsely implicate the appellant in a false case. he further submitted that section 57 of ndps act is directory in nature and its non-compliance will not vitiate conviction and effect credibility of testimonies of fact ..... 1 of 2000, state of u.p. verses pandav sarkar, u/s section 20 n.d.p.s. act, ps madho tanda, in this appeal. 2. according to prosecution allegations, s.i. surendra kumar tyagi of border security force along with constables munesh kumar and khushhal prasad were on routine beat petrol on 30.9.1999 and they left ..... border out post naujalia towards village kutia kavar and when they were proceeding on nature trail/ footpath (pagdandi) .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)ILLJ647All
..... . i, therefore, direct the authorities concerned to review the order dated december 6, 1986, terminating the service of the appellant dunna lal as lance naik in border security force, if any review application or appeal is filed by the appellant. i feel that the aforesaid rulings passed by the supreme court and the high court as detailed ..... trial court to have not extended the benefit of probation of first offenders act to the appellant dunna lal. it was further submitted by him that the appellant dunna lal is not a previous convict. dunna lal was serving as lance naik in border security force prior to the occurrence and his services were terminated by the authorities ..... court.16. learned counsel for the appellant submitted that the accused narendra lal, sahukar lal and makhan lal were given the benefit of probation of first offenders act by the trial court, but the same benefit was not extended to the appellant dunna lal against whom the case is quite identical with the remaining appellants. .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ3866
..... or other person. further, section 41(2) of 1985 act gives procedure of arresting a man where it provides :any 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 ..... anything in clause (1), the same shall be for a period of fifteen years from the commencement of the constitution, then after the coming into force of the aforesaid 1963 act in view of the language used therein the detention order should have been in hindi in devnagri script. reliance was also placed on section 3(3) ..... and also outside his district in some other place within the state for reasons such as safety, security and administrative convenience.under the national security act, sections 3 and 5 are almost similar to sections 3 and 5 of the 1988 act so far it relates to the question in the present case. in this decision, it was held .....
Tag this Judgment!Court : Allahabad
Reported in : 2008CriLJ1153
..... by the hon'ble apex court that the sanction to prosecute is necessary when act or omission for which public servant was charged had reasonable connection with discharge of his official duty. in that case complaint was against personnel of border security force alleging that illegal gratification of rs. 10,000/- was demanded from complainant and ..... protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted ..... passed. tehsildar seized and auctioned scooter of respondent when he was available with scooter in tehsil office, it was held by the court that the act of tehsildar was bonafide and initiation of prosecution by respondent against tehsildar for the offence under section 379 ipc was not maintainable in absence of .....
Tag this Judgment!