Judgment Search Results Home > Cases Phrase: border security force act 1968 section 17 mutiny Court: allahabad Page 2 of about 1,786 results (0.231 seconds)

Oriental Insurance Company Limited Vs. Smt. Kusum Kali and ors.

Court : Allahabad

Reported in : III(2003)ACC364

..... brought on record, had come to the conclusion that at the time of death the age of the deceased was about 52-53 years. he was a retired constable in border security force. his income was held to be rs. 2,500/- per month excluding 1/3rd amount of the sum, which the deceased might have been spending upon himself, the annual ..... the owner had satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149(2)(a)(ii) of the motor vehicles act. further it was indicated that the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake, the insurance company would continue ..... alj 247 the status of the insurer in law so far as the statutory liability sought to be fastened upon him under the act is concerned, cannot be more than that of a guarantor and he acts as a security for the third party with respect to its realizing damages for the injuries suffered but a right to get any amount paid in .....

Hamid Ullah Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 1990CriLJ469

..... official gazette, 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 any officer ..... court only through a complaint. thus the second argument raised by sri trivedi also does not have any force and must be rejected.8. an additional fact must be put down here. the word 'investigation' has not been defined in the act nor the words 'in charge of a police station'. for the definition of these words we have ..... , the action of sri. h.p. singh was illegal. i do not find any force in the said argument. it must be noted that section 78 of the act empowers the government to frame rules and while framing rules the purposes of the act may be taken note of. admittedly the rules have been notified on 8-10-1986. .....

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

Court : Allahabad

Reported in : 2004(3)AWC2752

..... right to address the court.10. the learned single judge of the punjab and haryana high court in the case of joga singh (supra) while examining rule 157 of the border security force rules, 1969, has held that right to be defended is guaranteed under article 22 of the constitution of india. in that case, the court was examining rule 157 which is ..... somewhat similar to rule 129 of the army act. it is noticeable that the learned single judge first holds 'right to be defended by a counsel is not a guaranteed right' but in the very next breath it ..... in the army was discharging the function of a havaldar (opr) in 129 ad regiment when he was charge-sheeted for two offences under section 40(c) of the army act, 1950. he was tried by a summary court martial and was awarded the following punishment :(a) to be reduced to the ranks ;(b) to suffer rigorous imprisonment for three .....

State of U.P. Vs. Pramod Kumar

Court : Allahabad

Reported in : 1999CriLJ4677

..... a peon, sepoy or constable) of the departments of cement 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 order by the central government, or any such officer (being an officer superior in rank to a ..... search of an incriminating article connected with the commission of the offence punishable under the law other than the law providing punishment under chapter iv of the act, the authorised officer recovers contraband drug therefrom.19. in the instant case, respondent before the search started, informed the authorised officer that he is in ..... gazetted officer or the magistrate.10. on the other hand, the learned counsel appearing for the respondent contends that the provisions of section 50 of the act are mandatory and any failure in compliance thereof is considered fatal to the prosecution case. he urged that the trial court has rightly acquitted the respondent .....

Heera Singh S/O Dharm Dev Singh Vs. State of U.P.,

Court : Allahabad

Reported in : 2005CriLJ3222; I(2006)DMC19

..... in the writ petition are that the petitioner was married to respondent no. 2 in 1978 and 'gauna' took place in 1982. he is an employee of boarder security force and after his 'gauna', he went to punjab in 1983 to join his duties. he came back to village in 1984 and found that his wife was in advance ..... evidence and on such vague pleadings.8. the next argument of the learned counsel for the petitioner is that with the advancement of science and technology, provisions of evidence act enacted more than 100 years back, when such special techniques were not in existence, have totally lost their significance, is also without substance and liable to be rejected ..... test was not even in existence. in this era of modern technology, provisions enacted more than hundred years hick have lost their significance.4. section 112 of the evidence act provides that birth of a child during continuance of a marriage is conclusive proof of his legitimacy. the said section reads as under :'section 112 - the fact that .....

Gorakhnath Pradhan Son of Sri Raj NaraIn Pradhan Vs. the Union of Indi ...

Court : Allahabad

Reported in : 2007(4)AWC4204

..... to allow him to participate in commando training.3. a perusal of the record reveals that the petitioner was selected for the post of constable in indo tibetan border police force in 1995 after going through several physical tests and other formalities. after selection the petitioner was directed by the head constable to fill up a recruitment form including ..... over and explained to him by the head constable.9. the learned counsel for the petitioner has relied upon a decision of this court rendered in qamrul hoda v. chief security commissioner, n.e. railway, gorakhpur (1997) 2 u.p.l.b.e.c. 1201.10. in paragraph 5 of the counter affidavit it is stated that the ..... in criminal case no. 203/92 under sections 323, 504, 427 i.p.c. read with section 13(i) of scheduled caste and scheduled tribes (atrocities) prevention act neither any process was issued nor the petitioner was ever summoned by the court nor the investigating officer came to his house in connection with investigation of the aforesaid case .....

Dhruv Singh Yadav Vs. Director General Central Industrial Security For ...

Court : Allahabad

..... the central government under section 47 of the pwd act, exempting all categories of posts of 'combatant personnel' only of the central para military forces (cpmfs) namely central reserve police force (crpf), border security force (bsf), indo tibetan border police (itbt), central industrial security force (cisf) and assam rifles, from the provision of ..... said section, the said provisions cannot be invoked or utilized by the petitioner for a sheltered or a sedentary job. the provisions of sections 47 and 33 of the pwd act ..... pension in the writ petition. 10. the reliance placed on a judgment of andhra pradesh in a. seshaiah vs. commandant, central industrial security force, unit hyderabad [2005 (106) flr 1156] is not helpful inasmuch as in para 12 of the judgment, the andhra pradesh high court .....

Ex. No. 13672886-w Naik Natwar Lal Harjiwan Das Vs. Union of India (Uo ...

Court : Allahabad

Reported in : (2004)1UPLBEC266

..... singh v. union of india and ors., 1996 lab.i.c. 677, the punjab and haryana high court has, while dealing with similar provisions under the border security force rules, held that the rule requires necessity of providing reasonable opportunity to the accused for which the assistance of even a legal practitioner can be taken. in ..... invoking jurisdiction under article 226 but that would be for a limited purpose of finding out whether there has been infraction of any mandatory provisions of the act prescribing the procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice ..... which vitiates the entire proceedings or that the authority exercising the jurisdiction had not been vested with jurisdiction under the act. the said power of judicial review cannot be a power of an appellate authority permitting the high court to re-appreciate the evidence and in coming .....

Zubeda Begum and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1971All452

..... applying them in the urgency notification. it may be mentioned that the air force station at gorakhpur is essential for the purposes of border security and the government have considered it imperative that accommodation for the married officers of the air force should be provided speedily, particularly as the question has been hanging fire since ..... . however, the government of india have entrusted, in exercise of the powers under article 258(1) of the constitution, all functions under the land acquisition act to the state government, a copy of the relevant notification is attached as an annexure to the counter-affidavit filed on behalf of the state government. sri ..... section 5a. this notification would be hereafter referred to as 'the ordinary notification'. on the 21st march, 1970, corresponding notifications under section 6 of the act were issued. the urgency notification included a large number of plots covering an area of 97.81 acres; the ordinary notification dealt with two plots only, .....

Ram Prasad Chaudhary Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1987All169

..... to the above question depends on the interpretation to be placed on section 5a incorporated in the act through national security (amendment) ordinance no. 6 of 1986 which came into effect on 21st june, 1984. the ordinance was replaced by act 60 of 1984 which came into force on 31st august, 1984. this section reads as follows :--''5-a. 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 .....