Judgment Search Results Home > Cases Phrase: border security force act 1968 section 137 scope of power of suspension Page 11 of about 303 results (0.177 seconds)

Daroga Yadav Vs. the Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2006(110)FLR277]; [2006(2)JCR353(Jhr)]

..... september, 2002 issued by the central government in exercise of powers conferred by proviso to section 47 of the disabilities act, 1995. by the said notification, the central government has exempted all categories of posts of 'combatant personnel' of central para-military force; central reserve police force; central industrial security force; indo-tibetian border police; border security force; and assam rifles. it was submitted that all categories of posts of 'combatant personnel1 having been ..... exempted from the rigor of section 47 of the disabilities act, 1995, it was open to the respondents to dispense with the services of petitioner.9. learned counsel for the .....

Prem Pal Singh Vs. Union of India and ors.

Court : Delhi

1. the petitioner, a constable with border security force, attached with a coy of 83rd bn. bsf, was a member of the north bengal frontier shooting team. on 03.02.1996, the team arrived at new jalpaiguri railway station, west bengal to board a train to indore, where an inter frontier shooting ..... of whom suffered injuries. 2. a report of the incident was sent to the commandant of the unit who took cognizance of the offence report and summoned the petitioner for hearing of the charge and pertaining to the said proceedings issued a charge sheet to the petitioner alleging as under: "bsf act sec-40 an act prejudicial to good order and discipline of the force in that he, at about 1000 hrs on 3/2/96 quarrelled with no.77001462 hc jai bhagwan at njp railway station." 3. on 3.09.1996, the commandant conducted a hearing of the charge .....

Kundan Singh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 2001(1)WLN135

..... (adjustment of jurisdiction) rules, 1969, hereinafter referred-to as 'the rules of 1969'. he has referred to section 475 of the code of criminal procedure and sections 46, 47, 80 and section 2 (a) & (d) of border security force act, 1968, hereinafter referred-to as 'the act of 1968'. in support of the contention, learned counsel has heavily placed reliance on a decision of the calcultta high court in capt. u.r. roy choudhury v. state reported in 1976 cri. l.j. 796. he has also referred to .....

Ashok Kumar (Ex. Constable) Vs. Union of India and Others

Court : Delhi

Reported in : 2000IIIAD(Delhi)388; 2000(53)DRJ352

..... sufficient safeguards by way of further appeal to the heads of the organisations and then 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, for finding out whether there has been infraction of any mandatory ..... to him and this infringement has vitiated the trial of the case. it need hardly be said that the case put up by the prosecution and the material relied upon had been supplied in accordance with the requirements of the rules under the border security force act. if any further material was required for the purpose of defense, it could always have been summoned during trial. the petitioner chose not to exercise this option in the conduct of the trial and, thereforee, cannot at thi .....

Nirmal Lakra Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003(1)SLJ151(Delhi)

..... trial is a matter, which can be deciphered from the approach of the court. in the formation of any opinion, the materials-on-record and the objective approach are the keywords.43. let us now consider the provisions of the bsf act. chapter viii of the bsf act provides for the procedure of security force courts. the court may consist of several members, in which event, the majority of votes shall decide the fate of the accused, except in a case where sentence of death is to be awarded concurrence of at least two- ..... . in the instant case, mohinder singh was the only witness, who could throw light on the incident. the allegation against the petitioner, it will bear repetition to state, that he willfully crossed over to bangladesh border. whether crossing over to bangladesh border was willfully on the part of the petitioner or otherwise could have been proved by the said mohinder singh and nobody else. the cardinal principles of criminal trial, thereforee, had not been complied with in the .....

Yacub Kispotta and Others Vs. Director General BSF and Others

Court : Delhi

..... (hereafter "bsf") action dismissing them from its services without holding any inquiry or giving them opportunity to explain their alleged misconduct in accordance with its parent law, the border security force act, 1968 ("the act") or the border security force rules, 1969 ( rules ?) framed there-under. 2. the facts necessary to decide this case are that all the petitioners were enrolled as constables with bsf at different points of time. the first ..... hold that the bsf's decision that it was not practicable to hold an inquiry was unjustified. provisions of the act 15. before a discussion on the merits, it would be necessary to extract the relevant provisions of the act and the rules, i.e. the border security force rules, 1969. the same are as follows: i provisions of the act section 14. offences in relation to the enemy and punishable with death.- any person subject to this act who commits any of the following offences, that is to say,- (a) shamefully abandons or delivers up any post, .....

D.D. Sharma (Ex. Asstt. Comdt.) Vs. Union of India

Court : Delhi

Reported in : 74(1998)DLT92; 1998(46)DRJ162

..... this writ petition filed by the petitioner to the show cause notice as also to the order of dismissal passed by the respondents invoking the power under rule 20 of the bsf rules, 1969.2. the petitioner joined the border security force as sub-inspector in the year 1970 and, thereafter, he was promoted to the post of inspector in the year 1980. in 1986, the petitioner was transferred to edp, directorate of the bsf headquarter, new delhi, and while working in the aforesaid ..... perusal by the learned counsel appearing for the respondents which disclose that the central government considered the facts and circumstances of the case at length for coming to the conclusion that his trial by general security force court for the offence of desertion under section 18 of the bsf act was inexpedient and impracticable. the reasons have been stated in the records and the decision was taken at the level of minister of state for home in pursuance of which the aforesaid order was issued to the petitioner.10 .....

Balganad Vs. Union of India and ors.

Court : Delhi

Reported in : 97(2002)DLT45; 2003(1)SLJ71(Delhi)

..... by an order dated 11th august, 1996,appointed shri brita ram as 'friend of accused' inorder to assist the petitioner. 10. on 12th august, 1996, the petitioner wastried by the summary security force court in strictcompliance of all the procedural requirementsprovided under the bsf act and rules. during thecourse of the aforesaid trial, the charges framedagainst the petitioner were read over and explainedto him in hindi in presence of members inattendance, as well as the 'friend of the accused'.the petitioner ..... me the records of the trial for myperusal. 6. in the light of the aforesaid, i proceedto dispose of this writ petition. 7. the records read with the statements madein the counter affidavit indicate that the petitioner was recruited in the border securityforce on 23rd june, 1990 and thereafter he wasdismissed from service in the year 1996. the petitioner had thus rendered about six years ofservice. the service record of the petitionerindicates that there are earlier instances also .....

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

Court : Karnataka

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

..... /2005 are the respondents in the writ petition.3. the challenge in the writ petition was against the orders dated 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 from service was rejected.4. on the basis of an incident which took place on 30 ..... -7-2001 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 the quarrelling head constables, the petitioner assaulted his superior officer .....

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

Court : Rajasthan

Reported in : 2009(3)WLN209

..... .11.1988 at about 1750 hrs. fired two rounds from his 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 .....