Court : Delhi
Decided on : Dec-19-2017
..... p. 481/2017 niit technologies limited date of decision:19. h december, 2017 .....petitioner through: mr.vikas dutta & mr.siddharth chander joshi, advs. versus directorate general, border security force ..... respondent through: mr.praveen kumar jain, adv. alongwith mrb.s. rautela, ac of respondent coram: hon'ble mr. justice navin chawla navin chawla, j.(oral) 1. ..... relating to any matter arising out of or connected with the contract, such dispute or difference shall be settled in accordance with the indian arbitration and conciliation act, 1996. clause 20(xx) - arbitration proceedings shall be held at new delhi, india and the language of the arbitration proceedings and that of all ..... contention of the respondent to the effect that the respondent having already appointed an arbitrator, this court will cease to have jurisdiction under section 11 of the act to appoint an arbitrator, is hereby rejected.10. as far as the second contention of the respondent, relying upon the clause 24(iii) of the .....
Tag this Judgment!Court : Delhi
Decided on : Dec-13-2017
..... no dispute that the petitioner s vehicle had been used for transportation of liquor and that itself was sufficient to justify its confiscation under section 58 of the act. the financial commissioner also held that the decision of the learned metropolitan magistrate acquitting the driver of the vehicle and the petitioner of an offence under section ..... the court of metropolitan magistrate has also acquitted both, the driver of the vehicle (jai singh) and the petitioner of an offence under section 33 of the act principally on the ground that the evidence of independent witnesses, who were present at the site had not been produced. without going into the merits of the said ..... the liquor was being transported without permit in the vehicle on the day of its seizure and, therefore, seizure of the said vehicle under section 58 of the act was justified.6. mr s.n. gupta, learned counsel appearing for the petitioner has assailed the impugned order essentially on two grounds. first, he submits that the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-29-2017
..... court, an order dated 23.03.2012 was passed by the respondents terminating his services by passing a dismissal under section 10 of border security force act, 1968, read with rule 23 (a) of the border security force rules, 1969. after being acquitted, the w.p.(c) 463/2017 page 2 of 6 petitioner submitted a representation dated 02.05 ..... filed the present petition aggrieved by the order dated 22.01.2016, informing him that his case for promotion to the rank of deputy commandant in the border security force(hereinafter referred to as bsf) by way of relaxation in qualifying mandatory command and logistic course had been examined by the competent authority and was rejected. ..... and one chamanlal under section 21, 25, 61 & 85 of the narcotic drugs and psychotropic substances (ndps) act and under section 489 (c) of ipc, for their alleged involvement in smuggling of four kg of narcotics from the border outpost at jammu & kashmir. after conclusion of trial, vide judgment dated 05.11.2011 the learned .....
Tag this Judgment!Court : Delhi
Decided on : Nov-25-2017
..... report (ex.pw-14/a) reflects that nine injuries of various dimensions were caused to the victim harnam dass dhingra. cause of death was cranio cerebral damage consequent upon blunt force impact which was sufficient to cause death in the ordinary course of nature. pw-13 (dr.ashok dua) crl.a. 894/2015 page 6 of 7 medically examined pw-4 ..... attempt to commit suicide. no credible evidence has emerged to infer if the appellant was suffering from any mental disorder or he was not aware of the consequences of the act whereby he inflicted injuries not only to the victim harnam dass dhingra but also to his mother pw-4 (kailash dhingra). victim was earlier inflicted injuries with a musli ; thereafter .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-22-2017
..... year 2006 the rules for technical cadre came into existence which is known as border security force motor transport workshop (non gazetted) group c posts recruitment rules, 2006 (for short hereinafter referred to as the rules, 2006 ) enacted under the border security force act, 1968. as per this rule cut off date was 21st september, 2006. ..... dated 9th january, 2001 (annexure 2 to the memo of this letters patent appeal) he was appointed as a constable in border security force. there are varieties of constables in the border security force for which the qualifications are also different, but, the facts remains that appointment on a technical post is altogether different. it ..... mainly for the following facts and reasons: (i) this appellant is original petitioner who applied for the post of constable (general duty) in the border security force in pursuance of the public advertisement dated 2 nd october, 2000 as he was certificate holder of industrial training institute (iti). he was also doing .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-20-2017
..... tc&s bsf, hazaribagh, jharkhand (annexure 1), consequent upon the summary security force court convicted the petitioner for the offence under section 40 of the border security force act, 1968 for an act prejudicial to good order and discipline of the force and sentenced him to be dismissed from service. the petitioner has been struck ..... - bhojpur (bihar) ... petitioner versus 1. the union of india 2. ministry of home affairs, inspector general, border security force, block no. 10, lodi road, new delhi 3. the commandant, special training school, training centre & school, border security force, hazaribagh 4. d.i.g.-cum- commandant, b.s.f., meru, hazaribagh ...... respondents for the petitioner : ..... submitted that this writ application has been filed suppressing material fact that the petitioner has submitted statutory petition against his conviction by summary security force court and the same was duly considered and rejected by the director general of bsf vide his dated 31st july, 2008 and the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-16-2017
..... hon'ble mr. justice navin chawla sanjiv khanna, j.(oral) the petitioner is ex-head constable who was charge sheeted under the border security force act for deserting service between 14.12.2006 and 03.09.2008 and for doing an act with intent to cause wrongful gain for self.2. the petitioner vide order dated 28.12.2008, which has not been placed on ..... record, after trial in the summary security force code, was wp(c) 9005/2015 page 1 dismissed from service.3. the petitioner filed an appeal ..... duration of 628 days was with the ulterior motive to avoid trial on the serious offence of smuggling and an in-disciplined person was unfit to be retained in a force like bsf.4. learned counsel for the petitioner submits that the petitioner was held to be guilty for the second charge i.e. for doing a thing with the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-14-2017
..... advocate for the respondents responded to the submission of the petitioner on furnishing the wrong information at the time of employment by saying that if the employment is secured by adopting fraudulent practice giving incorrect and wrong information, it constitutes a serious misconduct as held by the supreme court in case of union of india & ..... for the purpose of ascertaining whether there was any delay on the part of the board in initiating disciplinary proceedings against the appellant has no merit and force. the stand now taken by the respondent in this court in the counter-affidavit is not convincing and is only an afterthought to give some explanation for ..... as 10.08.1961 at the time of seeking such employment. after such appointment, the service book was prepared, which includes form b prescribed in the mines act and rules and the particulars recorded therein should be verified by the employee and to certify that the information recorded therein are true and correct. admittedly, the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-04-2017
..... chawla sanjiv khanna, j.(oral): this is the second round by the petitioner, who is an ex- constable in the border security force (bsf).2. the petitioner was tried vide general security force court on six charges, including four charges under section 46 of the border security force act, 1968 for committing murder of three bangladeshi nationals and for attempting to take life of another bangladesh civilian after entering ..... .8. on or about 13th december, 2016, the petitioner made a representation to the director general, bsf for annulment of the general security force court. in addition to factual assertions, the petitioner had alleged violation of rule 60 of the border security force rules, 1969.9. the aforesaid representation was considered and has been rejected vide order dated 31st january, 2017.10. the petitioner has .....
Tag this Judgment!Court : Delhi
Decided on : Sep-04-2017
..... 5 are not notified claims and are not arbitrable. claim omp (comm) 317/2017 page 2 of 8 no.2 for refund of security deposit and interest thereon were held to be arbitrable under clause 9.0.1.0 of gcc. steps were taken for appointment of an ..... .51,19,898/,. for work done plus the service tax; (2) claim for refund of r.4,20,000 i- deposited by igpl towards security deposit; (3) claim of rs.18122,493 /- towards loss of profit suffered by igpl; (4) claim for rs.8,00,000/- for de ..... say, the reasoning is totally untenable. that apart, he would state that even this court while exercising jurisdiction under section 11 of the act necessarily has to refer all the claims which have been raised by the petitioner in the aforesaid communication. he would rely upon the ..... -mobilization of equipment, machinery and man force from the work site; and (5) interest@ 16% per annum on the total sum of rs.81,62,391/- claimed under 1to 4 .....
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