Judgment Search Results Home > Cases Phrase: border security force act 1968 section 137 scope of power of suspension Year: 1991 Page 1 of about 1 results (0.110 seconds)

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

orderk. jayachandra reddy, j.1. whether a personal hearing is required before disposing of a petition filed under section 117(2) of the border security force act, 1968 ('act' for short) against an order of the summary security force court? this in short is the question involved in this appeal filed by the union of india. 2. the facts that give rise to this appeal may be noted ..... at the outset. the sole respondent who was working as mounted constable in the border security force ('bsf' for short) was charged for an offence under section 31(b) of the act for extracting a sum of rs. 14,000 from a person without proper authority. a chargesheet was issued to the respondent. the evidence .....

Sarbjit Singh Vs. Vijay Karan, Commissioner of Police and ors.

Court : Delhi

Reported in : 1991(20)DRJ390

..... had been indulging in criminal activities continuously and has been spreading terror in the public in general. she stated that the petitioner was a naik in the border security force and the son of a head constable as well as the brother of a sub-inspector sister in the police. she submitted that if a person belonging ..... .12,89 passed by respondent no. 1; under sub-section 2 of section 3 of the national security act, 1980 (hereinafter referred to as 'the act'). the impugned order was passed with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order the detention order was approved under section 3 ..... order depends on the facts and circumstances of each case which have to be seen in the background of surrounding circumstances and the overall impact thereof if an act has an impact on public tranquility and potential to disturb such tranquility then undoubtedly it would be matter of public order. even one incident satisfying the above .....

Kali Das Vs. Union of India

Court : Rajasthan

Reported in : 1991(1)WLN577

..... the petition under section 117 of the act no reasons have been given. the b.s.f. is an armed force of the union of india constituted under item 2 of list i of schedule 7 of the constitution and is primarily connected with the defence of the country for ensuring the security of the border of india as in the cases arising ..... out of the special enactment like army act, all the principles of natural ..... used in evidence.' after having been cautioned in the aforesaid manner, whatever the accused stages shall be taken down in writing. the b.s.f. act, is a self contained code and general security force court has a special jurisdction and with a view to prevent miscarriage of justice and fair play in the trial this special procedure has been provided. .....

Union of India (Uoi) Vs. Smt. Vijay Sundari and ors.

Court : Madhya Pradesh

Reported in : 1991ACJ770; AIR1991MP328; 1991(0)MPLJ784

..... rameshwardayal bajpai, a daftary in the office of the accountant general, madhya pradesh, at gwalior, was, admittedly, hit by jeep no. cph 13, belonging to the border security force, tekanpur, the accident took place on 3-10-1983 at around 1-30 p.m. and in an unconscious stage, the deceased was removed from place of occurrence ..... . order 8, rule 2, cpc, contemplates that in regard to any 'ground of defence', the defendant must state the necessary facts and section 103, evidence act rests burden of proof of the facts so alleged on the defendant. indeed, principles underlying these statutory provisions are of universal application to all civil litigations.5. the ..... was driven rashly and negligently and for the death of deceased rameshwardayal bajpai, the claimants were entitled to compensation as contemplated under section 110-a of the act and, therefore, the award passed by the tribunal in that regard u/section 110b is not without jurisdiction.8. now, the question of enhancement. on that .....

Union of India (Uoi) Through B.S.F. Vs. Vijay Sundari and ors.

Court : Madhya Pradesh

Reported in : 1(1992)ACC449

..... rameshwardayal bajpai, a daftary in the office of the accountant general, madhya pradesh, at gwalior, was admittedly hit by jeep no. cpc 13, belonging to the border security force, tekanpur. the accident book place on 3.10.1983 at around 1.30 p.m. and in an unconscious state, the deceased was removed from place of ..... bolstered. order 8, rule 2, civil procedure code contemplates that in regard to any 'ground of defence', the defendant must state the necessary facts and section 103, evidence act rests burden of proof of the facts so alleged on the defendant. indeed, principles underlying these statutory provisions are of universal application to all civil litigation's. ..... was driven rashly and negligently and for the death of deceased rameshwardayal bajpai, the claimants were entitled to compensation as contemplated under section 110-a of the act, and therefore, the award passed by the tribunal in that regard under section 110-b is not without jurisdiction.8. now, the question of enhancement. .....

Ram Swaroop and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1991(2)WLN225

..... 4. we shall presently show that none of the aforesaid contentions have any force.5. under section 42 of the ndps act, only such an officer of the central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is authorised in this behalf by general or special power issued by ..... investigation of the officer-in-charge of the police station and the case being cognizable, the magistrate could take cognizance of the office, this contention has no force.7. coming to the last contention raised in the petition that there is delay in the trial, we need not deal with this contention because there is ..... no illegal detention.8. consequently, we find no force in any of the contention raised in the petition. both the habeas corpus petitions numbered above are dismissed. the record be sent back to the trial court immediately .....

Om Parkash @ Omi @ Fauzi Vs. State

Court : Delhi

Reported in : 1991CriLJ1980; 1991(3)Crimes180; 44(1991)DLT555

..... act vitiates the investigation. (7) section 42(1) 'gives power of entry, search, seizure and arrest without warrant or authorisation to any officer (being an officer superior in rank to peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue intelligence or any other department of the central govt. or of the border security force ..... recorded does not adversely affect the case of the prosecution in any manner. (10) regarding non compliance of the provision of section 50 of the act, learned counsel for the appellant submitted that no efforts were made by the investigating officer for conducting search of the appellant in the presence of a ..... quantum of recovery. according to the learned counsel, there has been no compliance of the mandatory provisions of sections 42(2), 50 and 55 of the act resulting in grave miscarriage of justice in such a serious case. (6) learned counsel further submitted that the police had admittedly not reduced the secret information .....

Rajaram and anr. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1991WLN(UC)210

..... , her dead body was burried.3. however, it is alleged that accused rajaram who was looking after the affairs of mst. nazmani was apprehended by the boarder security force people and on his search, it was found that he was carrying a bag in which lot of silver and golden ornaments were there. that raised suspicion in ..... of his statement. in sarwansingh's case : 1957crilj1014 , it has been observed by their lordships of the supreme court that the courts are naturally relunctant to act on the tainted evidence of an approver unless it is corroborated in material particulars by other independent evidence but it could not be right to expect that such independent ..... it has been held that the conviction does not become illegal meraly because it is based on uncorroborated testimony on an accomplice. however, section 123 of the evidence act road with illustration (b) to section 114 requires that the court should seek as a rule of prudence for corroboration which must connect or tend to connect the .....

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court : Guwahati

..... , the railway protection force in 1985. now the government of india has created one ..... the crown representative's force was raised in 1939, as a reserve force to aid the former princely states in maintaining law and order. this reserve force was brought under central act called central reserve police act, 1949 (crpf). three other para-military forces were raised subsequently, namely, the indo-tibetan border police (itbp) in 1962, the border security force (bsf) in 1965 and the central industrial security force (cisf) in 1969 .....

S.M. Holding Finance Private Limited Vs. Mysore Machinery Manufacturer ...

Court : Karnataka

Reported in : ILR1991KAR2672; 1991(3)KarLJ447

..... textile policy which affected adversely the powerloom sector. as a result of change in textile policy, several varieties, like dhoties and sarees even with small borders, doria cloth and shirting, which were hitherto mainly manufactured by the decentralised but unorganised powerloom industry were reserved exclusively for handloom thereby disturbing and shrinking ..... for labour reduction/re-organization and lay off arrangements with the workers' union. despite the best and sincere efforts and because of several factors and forces totally beyond the control of the management as explained above, the company was not in a position to meet the financial commitments with the suppliers, ..... the interest of several members of the company or companies and creditors-secured and unsecured are safeguarded in any scheme of reconstruction, amalgamation or compromise which is going to be approved by the court under section 394 of the act. ordinarily, the convening of meetings of members and creditors is a .....