Court : Rajasthan
Decided on : Apr-25-1995
Reported in : 1995CriLJ3347; 1995(3)WLC635; 1995(2)WLN31
..... dated 23rd july, 1994, passed by the learned sessions judge, jodhpur, whereby he allowed the application dated 23-5-1994 filed under section 80 of the border security force act, 1968 (in short, 'the act') by the d. i. g., b. s. f., bikaner (non-petitioner no. 2) and directed that the accused-petitioner be handed over to ..... . the central government in exercise of the powers conferred by clause (k) of sub-section (2) of section 141 of the act has made the criminal courts and border security force courts (adjustment of jurisdiction) rules 1969 (in short 'adjustment of jurisdiction rules'). rule 2(iii) of the said rules defines 'competent authority', which means ..... the director general, inspector general, or a deputy inspector general of the border security force.13. rule 3 deals with the trial of person subject to the act. it proclaims that where a person subject to the act is brought before a magistrate and charged with an offence for which he is liable to be .....
Tag this Judgment!Court : Delhi
Decided on : Feb-13-1995
Reported in : 1995(33)DRJ77; 1995LabIC371
..... four charges against the petitioner, for which he was tried by a petty security force court, found guilty and sentenced. three charges were under section 40 of the border security force act (for short the act) : ' an act prejudicial to good order and discipline of the force' and the 4th charge under section 46 of the act 'for having committed a civil offence being a public servant accepting from a ..... person for himself gratification other than legal remuneration as a reward for showing favor in the exercise of his official functions punishable under act 1988 .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1995
Reported in : 1995IIAD(Delhi)209; 1995(34)DRJ9
..... was court- maratialled, found guilty and sentenced to undergo r.i. for 4 years and dismissal from service.(2) the petitioner was tried by general security force court under sec.47 of the border security force act read with sec.376 ipc. the statutory petition before respondent no.2 / director general of bsf was also rejected.(3) mr.r.p.sharma ..... of occurrence. mr.sharma has laid great, emphasis on non-compliance of ss. 89 of the bsf act. sec.89 of the act deals with summoning of witnesses which reads:- 'summoningwitnesses: (1) the convening officer, the presiding officer of a security force court, the law officer or, as the case may be, the officer approved under section 83 ..... in prithi pal singh's case (supra) it was held:- 'in a larger interest of the national security and military discipline parliament in its wisdom may restrict or abrogate such rights in their application to the armed forces but this process should not be carried so far as to create a class of citizens not entitled to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-1995
Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499
..... relates to the age of retirement of a commandant (selection grade) in the border security force.3. the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and matters connected therewith, are governed by the provisions of the border security force act, 1968. section 141 of the border security force act enables the central government, by notification, to make rules for the purpose of ..... carrying into effect the provisions of this act as set out in that section. in exercise of that power, the central government has notified the border security force (seniority, promotion and superannuation of officers) rules, 1978. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-19-1995
Reported in : JT1995(1)SC579; 1995LabIC405; 1995(1)SCALE261; (1995)3SCC300; [1995]1SCR419; 1995(2)SLJ205(SC); 1995(1)LC571(SC)
..... central training college in the central reserve police force. on september 2, 1968, parliament enacted the border security force act, 1968 (hereinafter referred to as the 'bsf act') to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith. sub ..... -section (1) of section 141 of the bsf act empowers the central government ..... providing for conditions of service (including deductions from pay and allowances) of the members of the force. under sub-section (2) of section 142 members of the border security force in existence at the commencement of the act are deemed to have been appointed or, as the case may be, enrolled as such .....
Tag this Judgment!Court : Delhi
Decided on : Oct-17-1995
Reported in : 1995IVAD(Delhi)745; 60(1995)DLT885; 1995(35)DRJ464
..... 12) it will be seen that the defense had no objection to this procedure being adopted. it was not contended that the procedure under section 91(4) of the border security force act, must be followed. (13) the victim public witness 6 miss razia khatoon was examined on 23.6.92 on the indian side at zero line. she gave her ..... and is clearly not mandatory. just as there are provisions in the civil procedure code . or cr. p.c. for obtaining evidence on commission, there is procedure indicated in the border security force act also. supposing, on a communication from the court in india to witnesses in a foreign country, - say through officials or lawyers - the indian court is able to ..... of issuing a commission to summon a witnesses abroad as envisaged by section 91(4) of the border security force act (read with section 285 of cr.p.c.) is mandatory and is, in our view, not correct. section 91(4) of the border security force act reads as follows: 's.91(4): when the witness resides in a tribal area or in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-1995
Reported in : AIR1996SC426; 1995(6)SCALE137; 1995Supp(4)SCC84; [1995]Supp4SCR406; 1996(1)LC555(SC)
..... by the appellant i.s. cheema against the same order passed by gauhati high court. in a court martial proceeding initiated against i. s. cheema under the border security 'force act, 1968 and the consequential punishment of dismissal, a writ petition was moved before the gauhati high court by 1. s. cheema who at the relevant time ..... contest the said proceedings. it was also contended that the court martial itself was not properly constituted because one of the members was a commandant in the border security force but such member was junior to him in seniority. it appears that by the impugned order, the high court has accepted both the contentions and accordingly ..... martial proceeding was initiated on a charge of corruption by directing subordinate officers to arrange for weekly payments to the said commandant by encouraging smuggling activities in the border. before the high court, the said i. s. cheema contended that the court, martial had not been properly conducted in view of the fact that .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-1995
Reported in : 1995(2)WLC288; 1995(1)WLN351
..... lieutenant on 30.6.1963. the petitioner was promoted as captain in the year 1965 and acting major in the year 1966. the petitioner was released from the army service on 16.9.1967 and was absorbed in the border security force where he was already working on deputation for some time as assistant commandant.3. respondents no. ..... as deputy commandant. this too is an admitted fact as recorded in the dpc proceedings that only such officers were appointed and absorbed as assistant commandant in the border security force, who had a high average record in the army and who did well during the interview. there were no interviews held for the post of deputy commandants. ..... that the record of the petitioner even in the army was a high average record otherwise he would not have been absorbed as assistant commandant in the border security force. there is nothing to indicate in the proceedings the basis for supersession of the petitioner respondent no. 1. reference may usefully be made to the observations .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-1995
Reported in : 1995CriLJ3341
..... against petitioner shahmir and koja khan in the court of the special judicial magistrate (economic offences), rajasthan, jaipur. the accused-petitioner was found involved in the recovery made by the border security force of 52.390 kgs. of silver on 28-3-90 as well as 10.469 kgs. of silver recovered by the b. s. f. on 20-3-91.2. the ..... fatal. in smt. rekhaben virendra kapadia v. the state of gujarat, : 1979crilj212 , the detenu was detained under order dated 22-7-74 under section 3 of the maintenance of internal security act. the order was cancelled on 9-12-74 and he was released. he was again detained on 4-7-77 in pursuance to the order dated 7-2-77 passed ..... was passed by the district magistrate, 24 paragana, on 29-12-73, which was made under sub-section (1) read with sub-section (2) of section 3 of the internal security act. the order of detention was challenged on the ground of delay in passing the order. while repelling this contention, it was held by the supreme court that 'the test of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-1995
Reported in : 1995(3)WLC217; 1995(1)WLN519
..... pakistan to india, a police party led by shri d.s, dinkar, asp, with the assistance of border security force (b.s.f.) on 17.1.89 at about 11.20 pm, six persons, who were coming from pakistan border side and carrying bags, were snapped near the canal end. they were challenged by the police and ..... confessional statement of co-accused. i respectfully agree with this dictum of law but as mentioned earlier, besides the confessional statements recorded under section 67 of the act, there is sufficient independent evidence against the petitioner, which is corroborated by the statements of co-accused persons. hence, the facts of this case are clearly ..... sessions judgej sriganganagar in aforementioned special case 'stale v. hardayat singh & others', whereby he has framed charge for the offences under sections 8/25 and 29, ndps act (in short, 'the act') against petitioner mohd. nasir s/o mohd, hussain r/o karachi (a pak national), under section 8/29 against petitioner ahsan khan alias baba and under .....
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