Judgment Search Results Home > Cases Phrase: border security force act 1968 section 17 mutiny Court: jammu and kashmir Page 2 of about 205 results (0.179 seconds)

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

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ218

..... s.k. gupta, j.1. the petitioner was enrolled in border security force as constable (gd) on 22.06.1988. after the basic training, the petitioner was posted to 25 bn ..... he was dismissed from service. the order of dismissal was passed at tekanpur. according to mr. magoo, all the provisions of b.s.f. act and rules have been followed and full opportunity was afforded to the petitioner in observance of principle of natural justice.7. whereas, mrs. surinder kour ..... to the petitioner to rejoin the duty before passing the order of dismissal, in invoking the provisions of section 11(2) of the bsf act read with rule 22 of the bsf rules. it is further borne out from the record that the order of termination from service of ..... petitioner of being heard. the order of dismissal having been passed without enquiry and in violation of the provisions of the b.s.f. act and rules, deprived the petitioner of his valuable right of service. the petitioner further stated that the order of dismissal amounts to harsh .....

Nawaz-ul-haq Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : 2000CriLJ420

..... during the month of march, 1993, he along with other militants, namely, hashooq nazaaz, nizam, javid bablu, habibullah and kaiser had attacked the personnel of border security force at paddar, tehsil bhaderwah. in the month of july, 1995, he along with his associates had fired the guns upon army and stf during cordon at ..... join mitancy but later on started giving food, clothing and shelter to the militants. because of mounting pressure of the security forces, the detenu in the month of august, 1995 surrendered before the border security force authorities and was released on the same day. instead of becoming a law abiding citizen, he joined another militants outfit ..... namely, 'harkat ansar' and one mashooq s/o ghulam mustafa r/o bhaderwah issued one pistol to him. then he started acting as a courier and messenger .....

Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ73

..... , by amendment of the rules of 1968 in exercise of the power conferred by clause (b) and (c) of sub-section (2) of section 141 of border security force act, 1978.5. appellant also claimed that his age of superannuation should have been 60 years instead of 57 years as in the case of other central civil servants, ..... g.s.r. 273 (e), dated 27.5.1998, purportingly issued in exercise of the powers conferred by sub-section (2) of section 141 of the border security force act, 1968, rule 9 of the 1978 rules was amended so as to provide for the age of superannuation of the officers holding a rank higher than that of ..... rules or by adopting these rules that the members of the security forces derive some benefit. the central government in exercise of its powers under section 141 of the border security force act has notified the border security force rules, 1969. so the issue with regard to superannuation of the members of the border security force is basically dealt with under rule 9 of the rules. .....

Balwan Singh S/O Late Sh. Jagdev Singh Vs. Union of India (Uoi), Throu ...

Court : Jammu and Kashmir

Reported in : 2003(1)JKJ104

..... record of the file, it is clearly discernible that the respondents have strictly complied with the procedure before passing order of dismissal in conformity with the border security force act and the rules on the subject, details where of are explicitly given in para 4 of the counter, which reads as under:-4. that the ..... is that the petitioner without exhausting the statutory remedy provided under section 117 of the border security force act 1968 read with rule 22 of the border security force rules, 1969, which provides that a person aggrieved by a finding or sentence of any security force court may put up one petition to the confirming authority before confirmation and one ..... reply or to present himself by issuing a show cause notice dated 4.1.2001, as envisaged. under the provision of rule 22 of the border security force rules. it is also stated that all statutory requirements were observed by the respondents viz issuing various letters to the petitioner for re-joining conducted court .....

Gulzi Bhai and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ295

..... dealt with in accordance with law.8. it is also relevant to refer to section 80 of the border security force act which reads as under:80. choice between criminal court and security force court -when a criminal court and a security force court have each jurisdiction in respect of an offence, it shall be in the discretion of the director general ..... the present case, the bsf authorities exercised the power and jurisdiction under section 80 of the bsf act and secured the accused for trial by a security force court. however, due to some advice because of involvement of personnel of two armed forces, it was deemed proper to send the accused to the civil court for trial. in such a ..... the accused charged for an offence triable both by security force court and civil court (ordinary criminal court) should be tried by the bsf authorities under the provisions of bsf act rule (3) of sro 73 provides that when a person subject to law relating to armed forces of the union is brought before a magistrate and .....

Union of India Vs. Virpal Singh

Court : Jammu and Kashmir

..... against the respondent had provided sufficient opportunity of hearing to the respondent, that the court of inquiry held u/s 62 of the border security force act, 1968 (hereinafter referred to as the act) beside other material before the commandant was sufficient for the commandant to arrive at the conclusion that the trial of the respondent was ..... remedy under rule 28 of the border security force rules, 1969 (hereinafter referred to as the rules) therefore was not entitled to any relief under article 226 of the constitution of india, that there ..... respondent reinstated while leaving the appellant free to pass a fresh order in accordance with law. 2. we have heard mr. varinder kumar, deputy commandant, border security force, who has assailed the judgement passed by the ld. single judge inter alia on the ground that the respondent had failed to avail of an efficacious alternative .....

A.C. Shukla Vs. the Director General, B.S.F. and ors.

Court : Jammu and Kashmir

Reported in : 1981CriLJ558

..... was, thereafter, served upon him by the i. g. p., b. s.f., to stand his trial for an offence under section 30(e) of the border security force act of 1968, hereinafter the act, before a general security force court. this charge-sheet was served upon him on 3-2-1980. he has challenged the service of this charge-sheet on him and commencement of his ..... orderi.k. kotwal, j.1. the petitioner, an assistant commandant, in border security force, was suspected of having committed' embezzlement to the tune of rs. 57,600/-. a court of enquiry was constituted to conduct enquiry into the matter. on the conclusion of the ..... . 55 and 53, both of which operate in different spheres. the petitioner not being liable to be punished under section 53 of the act, his trial by a security force court was not barred in terms of section 75 of the act.6. that apart, it is difficult to hold that a minor punishment was indeed inflicted on the petitioner under section 53. punishment .....

Agya Ram Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

..... by the respondents. they are left free to take a decision. this petition would be treated as a statutory appeal in terms of section 117a of the border security force act read with section 168 of the border security force act. let a decision be taken within a period of four months from the date, a copy of the order passed by this court is made available by ..... . after more than 30 days of absence of the petitioner, a one man court of inquiry was ordered on 29th may' 99 under section 62 of the border security force act (here-in-after referred to as the act). after completion of the court of inquiry, a show cause notice was issued to the petitioner through registered letter dt. 2nd july' 99, at his home ..... nirmal singh, j.1. the facts in brief be noticed as under:petitioner was enrolled in border security force on 15th june' 91, as a cook. after completion of training, he was remustered as constable (gd) on 30th may' 95. he proceeded on one day's casual leave on .....

Suresh Lal Koul Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Reported in : 2001CriLJ423

..... o.p. sharma, j.1. the petitioner a sub-inspector in the border security force was tried by a general security force court for committing extortion. he was found guilty of having committed the offence of extortion and sentenced to suffer rigorous imprisonment for one year and dismissal from service by order ..... the rules has been followed and complied. in support of this, he placed reliance on the record of the proceedings of the general security force court in which it is specifically mentioned that every provision of the act and the rules has been observed.7. the question involved for consideration is in what form the record of oath or affirmation is to be ..... of the rules. similar procedure has been followed in case of witnesses also who are to subscribe to the oath under rule 88. there is no provision either under the act or the rules that the form of oath as prescribed in rule 67 must be signed by the person subscribing and the one administering it and rightly so because what .....

Dwarika Nath Mishra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ95

..... , however, stood rejected without giving him an opportunity of being heard. again he made another representation to the ministry of home affairs, directorate general border security force, personnel directorate establishment section, new delhi, requesting for his re-instatement in explaining his miserable condition and deplorable circumstances of his family. when his ..... reiterated by the respondents that the continued overstayal without justification and ignoring the proposed action resulted in order of dismissal in accordance with the bsf act and the rules framed thereunder.9. i have heard learned counsel appearing for the respective parties in extenso and also gone through the record meticulously ..... however, did not respond to the reminders including the warning letters and ultimately the court of inquiry was ordered under section 62 of the bsf act on the completion of 30 days' absence. further submission of the respondents is that a show-cause notice, for proposed termination of his service .....