Court : Delhi
..... j.:1. the challenge by the... petitioner in the present case is to an order dated 6th august, 2018 passed by the deputy inspector general ( dig ), shq of the border security force ( bsf ), siliguri directing the commandant 155th bn bsf to conduct a de novo trial on the charge sheet issued to the... petitioner. the... petitioner also challenges an order dated ..... dig shq bsf siliguri directed the commandant of the 155th bn bsf to conduct a de novo trial with due diligence & by following proper procedure as per the bsf act and rules on the basis of the roe dated 6th august, 2018 already conducted by the shq bsf siliguri.7. the... petitioner then made a representation on 30th november ..... 22 thereof which reads as under: 22. the object and intent of section 75 which has been incorporated in the bsf act is clearly to prohibit a second trial of the accused, whether by the security force court or by a criminal court, in all cases where the accused has been convicted or acquitted of an offence by a .....
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..... court records specifically in paragraph 18 as under: 18. in his chief examination affidavit, the respondent as rw1 went on to depose that the demised premises were the designated security" in his hand to ensure full and final settlement of his legal dues. further, cross-examination of respondent as rw1 also reflects that the demised premises were under his lock ..... on the record has been analysed properly and looked into in the right perspective it is not a case calling for any interference. in this respect i seek to draw force from a judgment of in o.t.m.o.m. meyyappa chettiar v. o.t.m.s.m. kasi viswanathan the supreme court them have stated cm (m) 1400 ..... the relevant provisions of section 13(3)(a)(i)(d) of the east punjab urban rent restriction act 1949.15. further, in the present case, the conduct of the... petitioner clearly shows that he has merely held on to the premises as a security for ensuring the full and final settlement of his dues . such conduct cannot be condoned because the .....
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..... to the... petitioner on 27th october, 1990.13. on 31st january, 1994, the... petitioner was issued a charge-sheet under section 30 (b) of the border security force act, 1968 ( bsf act ) alleging that while performing the duties of quarter master on 27th october, 1990, he conspired with hc topno to sell 30 quintals of sugar in the agartala ..... from service to the... petitioner. these proceedings were again sent to the ig for confirmation in accordance with rule 106 of the border security force rules, 1969 ( bsf rules ), read with section 108 of the bsf act. on 4th may, 1995 the ig withheld confirmation and transmitted the proceedings to the superior authority. on 31st may, 1995, the ..... of compulsory retirement.2. the background facts are that the... petitioner was, in the year 1990, working as a quarter master of the 123rd battalion of the border security force ( bsf ) having been entrusted that duty by the commandant of the wp (c) 1881/1996 page 1 of 22 said battalion. the duties of the... .....
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..... to be mitigating circumstances for not awarding the maximum sentence and accordingly appellant was convicted for the minimum prescribed sentence of 7 years for the offence under section 4 pocso act.28. in view of the above, i find no merit in the appeal. the appeal is accordingly dismissed.29. order dasti under signatures of the court master. ..... the trial court in holding that the prosecution has proved beyond reasonable doubt that the appellant had committed the offence under section 377 ipc and section 4 of pocso act as also the offence under sectionipc. i find no infirmity in the judgment on conviction.26. it may further be noticed that the trial court in the order ..... on conviction dated 19.07.2018 and order on sentence dated 02.08.2018 whereby the appellant has been convicted for the offence punishable under section 4 pocso act as well as for the offences punishable under sections 367/377/506 ipc and sentenced to undergo rigorous imprisonment for a period of 7 years under section 4 .....
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..... in w.p.(c) no.6680/2017 (tanaka ram v. union of india), which was in the context of the employees of the border security force, which was upheld by the supreme court by dismissal of the slp (c) no.252(union of india v. tanaka ram) on ..... (c) no.11(patil gopal babulal v. union of india), which was in the context of persons working with the indo tibetan border police (itbp).6. it requires to be noticed at the outset that at the time when advertisement no.1/2002 was issued, ..... of pension, gratuity, leave travel allowance etc., whatever was applicable to central government employees would be made applicable to members of the force, which includes the gref.7. it has been explained by this court in its judgment dated 27th march, 2017 in w.p.(c ..... fact has been confirmed in a response dated 15th november, 2010 from the general reserve engineer force ( gref ) centre at pune to one of the... petitioners, pursuant to an application under the rti act, 2005. w.p.(c) 3671/2019 page 1 of 4 3. at the outset .....
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..... commandant (oc) of the 95th battalion, bsf holding the... petitioner guilty of the charges for which he was tried by the summary security force court (ssfc) of the offences under sections 19 (a) and 22 (e) of the border security force act, 1968 (bsf act) and sentencing him to be dismissed from service. he has also challenged the order dated 13th december, 2004 passed by the deputy ..... and sentencing him accordingly.22. section 22(e) of the bsf act reads as under: 22 insubordination and obstruction- any person subject to this act who commits any of the following offences, that is to say- .... (e) neglects to obey any general, local or other order; shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may .....
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..... s. muralidhar, j.:1. this petition questions the validity of the impugned order dated 11th july, 2016 passed by the deputy inspector general (confd.) on behalf of the dg, border security force ( bsf ) conveying the dg s displeasure to the... petitioner, who is a commandant with the bsf, and the subsequent order dated 15th november, 2016 rejecting his representation against ..... inquiry to the appellant. rule 184 of the army rules reads as under:-""184. right of certain persons statements and documents (1) any person subject to the act who is tried by a court-martial shall be entitled to copies of such statements and documents contained the proceedings of a court of inquiry, as are relevant to ..... his prosecution or defence at his trial. (2) any person subject to the act whose character or to copies of in w.p.(c) 9673/2018 page 3 of 5 military reputation is affected by the evidence before a court of inquiry shall .....
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..... petition with the prayer to issue writ in the nature of certiorari or any other appropriate writ, quashing the order dated 21.02.2018 passed by the director general border security force.3. the relevant facts of the case are that no.970077512 ex-ct (now ex-hc) mohar singh of 200 bn bsf, the petitioner alongwith const. sunil ..... that : by now it is a well established principle of law that the high court exercising power of judicial review under article 226 of the constitution does not act as an appellate authority. is circumscribed and confined to correct errors of law or procedural error if any resulting in manifest miscarriage of justice or violation of principles ..... the appeal was allowed with the directions to the department to consider and dispose of the statutory appeal filed by the petitioner u/s 117(2) of bsf act, 1968 within 04 weeks by passing a reasoned order which was to be communicated to the petitioner forthwith.8. thereafter the petitioner submitted a statutory petition dated 08 .....
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..... against him was mala fide, there is no specific averment made against any particular officer of the army, who is claimed to have acted mala fide against the petitioner or his father.9. pertinently, the armed forces tribunal did express any opinion on the factual aspects, and its decision was premised on purely technical question whether the chief of the ..... behalf of the respondents submits that merely because the action taken against the petitioner u/s 70 of the army act was held to be illegal and not warranted in the facts of the case, and the armed forces tribunal held that the petitioner should have been tried under a court martial and by resort to section 69 of ..... the army act, it does not follow that the petitioner is entitled to claim compensation. he submits that if this proposition is .....
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..... (hereinafter referred to as the act ) inter- alia praying for the following reliefs: (i) set aside/ quash the order dated 09.07.2019 inter-alia restraining the respondent no.1 from taking any coercive action including levying liquidated damages, usurping security deposit and proceeds of interim payment certificates and /or allied action or otherwise giving ..... filling in embankment provision of blanketing material construction of viaduct minor bridge and rub in the stretch from km000 ( agartala to km 5 .1 india bangladesh border) and construction of service road from trans shipment yard to nh-44 in connection with new bg railway line from agartala akhaura vide letter of acceptance dated ..... of the project and work expeditiously. however, it is only on the failure of the petitioner, that left with no alternative, respondent no.1 was forced to take the decision to reduce the scope of the work of the petitioner and thereafter to terminate the contract. he further submits that even the letters .....
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