Judgment Search Results Home > Cases Phrase: border security force act 1968 section 17 mutiny Year: 2007 Page 1 of about 718 results (1.036 seconds)

Atal Bihari Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ53

..... confirmation statutory petition against the findings, sentence and order of a summary security force court. it is only section 118 of the border security force act, which contemplates power of annulment of proceedings of any security force court including a summary security force court. that being the case, the principle of merger projected in the judgment cited ..... petition may not be maintainable. in support of their contentions, the respondents say that the petitioner had committed the offence under section 46 of the border security force act at govindpur, raiganj (west bengal), and the orders impugned in the writ petition had been passed/issued by the respondents outside the jurisdiction of ..... case and, in that view of the matter, the findings and sentence of the summary security force court had been carried out, at a place which is outside the jurisdiction of this court.22. the border security force act does not provide any right to an accused to prefer a pre-confirmation or post- .....

Shri Chandram J.M. S/O Shri Jettappa Vs. the Union of India (Uoi) Rep. ...

Court : Karnataka

Reported in : 2008(3)KarLJ303; 2007(6)AIRKarR441; 2008LabIC(NOC)83(Kar)

..... made by the petitioner; that the writ petition is to be dismissed.34. petitioner is a member of the border security force which is a paramilitary force created under the border security force act, 1968. this force was part of central police act, 1949. it was given a separate identity as border security force. it appears after the year 1965, it was sought to be given an independent status and that heralded the ..... legislation of the border security force act, 1968. members of this force are governed by the provisions of this act. the service conditions are as prescribed .....

V.G. Pillai Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... non application of mind by the gsfc while passing the order of conviction and sentence and the order of rejection of representation under section 117 of the act by the director general, border security force.3. we have heard mr. b. das, learned sr. counsel as assisted by miss s. das and d. chakraborty as well as mr. ..... , for the purpose of being tried by a court-martial.rule 3 of the criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969. trial of person subject to the act.... where a person subject to the act, is brought before a magistrate and charged with an offence for which he is liable to be tried ..... in the instant case, the prescribed authority, of the border security force exercised its discretion under section 80 of the act and decided to try the civil offence committed by the accused/appellant-petitioner under the security force court, like gsfc.21. from the aforesaid provisions of the bsf act and the rules, a reasonable person can easily come to .....

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

Court : Delhi

Reported in : 142(2007)DLT371; 2007(95)DRJ342

ordert.s. thakur, j.1. the petitioner was enrolled as a constable in the border security force against a vacancy reserved for scheduled caste candidates. on 25th october, 2003, he was posted at op no. 2 on the madera duty post under the over all charge of ..... is a matter which can, in our opinion, be more appropriately left to be examined by the director general in the proceedings initiated before him under section 117 of the act. the present petition must however succeed on the alternative ground urged by mr. singh before us, namely, that the director general had not examined the matter satisfactorily nor passed a ..... the non-filing of said proceedings could have disabled the director general from exercising his powers under section 117 of the bsf act especially when he had access to and could indeed summon the entire trial record from the summary security force court to examine the legality of the conviction and the procedural regularity of the trial. be that as it may, the .....

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

Court : Himachal Pradesh

..... counsel for the petitioner during the course of arguments was that in the impugned order of dismissal passed by security force court, no reasons have been given for coming to the conclusion of 'guilty' as against the petitioner. according to rule 99 of border security force act, 1961, while giving a finding on every charge finding of guilty or not guilty has to be given by ..... the order passed by the appellate authority. the petitioner did not avail the remedy prescribed under section 117(2) of the act but filed the present writ petition. our attention has not been drawn to any rules framed under border security force rules similar to rule 99 which provide for recording of reasons now as discussed above in case of finding of guilty or .....

Rabindranath Mishra Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2008Ori19

..... receive such pay, pension and other remuneration, as may be prescribed.there are also similar provision in the border security force act, 1968 and central industrial security force act, 1968 etc.14. in the case of akhilesh prasad v. union territory of mizoram : 1981crilj407 , the hon'ble supreme court has held as under:5. ..... which reads as under:naval, military, air forces; any other armed forces of the union.13. the crpf is one of the armed forces of the union like bsf, cisf, assam rifles, indo-tibetan border security force, s.s. b. security force and rapid action force. in this regard, section 3 of the c.r.p.f. act 1949, is liable to be perused. the ..... same is reproduced as under:3. constitution of the force-(1) there shall continue to be an armed force maintained by the central government and called the .....

Director General, Border Security Force and ors. Vs. Iboton Singh (Kh)

Court : Guwahati

..... the accused having been lodged by the coy. commander, moreh coy. the bsf authorities exercised their discretion, under section 80 of the border security force act, 1968 (in short, 'bsf act'), to institute a general security force court (in short, 'gsfc'). a gsfc was accordingly convened and the respondent herein faced the trial on the charge of having intentionally caused ..... is further submitted by mr. komal that even if the learned single judge had noticed some infraction, in either following the procedure prescribed under the bsf act and the border security force rules (in short, 'the bsf rules') framed thereunder or even if the learned single judge had found that the summing up by the law officer ..... for trial by a sfc has to be tested on the touchstone of article 21 and if the procedural safeguards given to a person from the border security force, under the bsf act and/or the bsf rules, are violated, violation thereof would, in substance, be denial of the right to a fair trial. a person, .....

S.S. Khanna Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... bsf (assistant commandants) recruitment rules, 1985, issued in exercise of powers conferred by clause (b) of sub-section (2) of section 141 of the border security force act, 1968. the method of recruitment to the post assistant commandant is provided under rules 3 and 4 and the details thereof have been described in the schedule ..... qualification has been provided. but the candidate must pass matriculation or higher secondary examination passed or an equivalent of a recognized board of education/university or border security force certificate of education class-i. to be qualified for promotion, it is aho one of the conditions that a candidate should have five years experience ..... solicitor general of india.3. in nut shell, the case of the petitioner as projected in this writ petition is that he was appointed as constable under border security force (for short 'bsf') in the year, 1968 and during the course of his service period in consideration of satisfactory service, he was promoted upto the .....

Union of India (Uoi) Through the Secretary, Ministry of Home Affairs V ...

Court : Rajasthan

Reported in : [2008(116)FLR914]; RLW2008(2)Raj1605

..... 27.8.1974 and was later on posted as constable nursing assistant during the year 1984.4. he was charged under section 40 of the border security force act vide charge sheet dated 14.12.1994 and after he was tried by summery security force court, he was found guilty and penalty of dismissal from service was imposed.5. section 48 of the b.s.f ..... . act provides punishment which may be inflicted in respect of offence committed by the persons subject to b.s.f. act and convicted by security force court. the various punishments which can be imposed including dismissal from service as well as forfeiture of service for .....

Udai Pal Singh S/O. Late Bhagmal Vs. Union of India (Uoi) (Through

Court : Central Administrative Tribunal CAT Delhi

Reported in : (2007)3SCL284NULL

..... may add a word of caution. a large number of writ petitions and original applications have been filed challenging and questioning orders passed by border security force and other central police forces refusing to grant no objection certificates for absorption in the borrowing organisation like intelligence bureau, c.b.i. etc. allegations have also been made ..... right of permanent absorption but keeping in light the service rendered for a period of more than 5 years and also the contemplation of the act and statutory rules where provision for such appointment exists but not without issuing mandamus the respondents therein have been directed to consider the petitioners in ..... noc sought from the bsf having been turned down, the applicant has been repatriated. nowhere we find that the borrowing department i.e. ib has acted upon the request of the applicant for permanent absorption and in furtherance have sought no objection certificate from the parent department as regards permanent absorption of .....