Judgment Search Results Home > Cases Phrase: border security force act 1968 section 50 combination of punishments Year: 1994 Page 1 of about 22 results (0.152 seconds)

Headmaster, Poilkav High School, P.O. Edakkulam Quilandy Vs. Murali A. ...

Court : Kerala

Reported in : AIR1995Ker21

..... amrik sing, air 1991 sc 564, held that in cases of special enactments like army act all the principles of natural justice cannot be imported. it further held that the same ratio will apply to a petition under section 117(2) of the border security force act, 1968. it is also pointed out that chapter xiii consisting of rules 167 to 169 ..... of the b.s.f. rules deals with petitions filed under section 117 of the act and 'even in them there is nothing to indicate that a hearing has ..... is governed by discipline, as is a fire brigade, is exercising disciplinary authority over a member of the force, that he is acting either judicially or quasi judicially. it seems to me that he is no more acting judicially or quasi judicially than a schoolmaster who is exercising disciplinary powers over his pupils.' in herring v. templeman, (1973) 3 .....

O.P. Bishoni Vs. Union of India and anr.

Court : Delhi

Reported in : 1994(29)DRJ338

..... bangladesh national by name - nurul islam who was attempting to crossover to india. the said bangladesh national was brought to the post in the presence of other border security force personnel and local villagers and he was physically searched, according to the petitioner nothing was found. however, the said foreigner was pushed back by the petitioner ..... of the view that two grounds are sufficient. (5) p.w.11 was the commandant. he conducted the investigation including the enquiry under rule 45 of the border security force rules (hereinafter referred as the rules). learned counsel for the petitioner submits that the proceedings under rule 45 is not an enquiry but quasi-judicial proceedings. (for ..... not. the witness again stated in answer to the question by court that petitioner was called for hearing under rule 45 and he pleaded guilty and that this act was done by him by ignorance etc. (9) the learned counsel for the petitioner referred to rule 46 (2), according to which a commandant shall .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... jarring pieces of information through electronic and print media that many innocent, defenseless people particularly poor, politicians, statesmen, government officials, police officials, army personnel inclusive of the jawans belonging to border security force have been622mercilessly gunned down. no one can deny these stark facts and naked truth by adopting an ostrich like attitude completely ignoring the impending danger. whatever may be the reasons ..... i am agreeing with brother pandian, j. except on one or two issues it appears appropriate to record my conclusions in brief:(1) that the three acts act 61 of 1984, act 31 of 1985, and act 28 of 1987 have been validly enacted by the parliament in exercise of its power under entry 1 of list iii of the constitution.(2) even though .....

Shanti Devi Vs. Maqsood Ali and ors.

Court : Delhi

Reported in : 1996ACJ460; 1994IIIAD(Delhi)956; 55(1994)DLT394; 1994(30)DRJ310

..... a preliminary objection with reward to the maintainability of the present petition under section 110-a of the motor vehicles act of 1939. according to the learned counsel, truck no. rjs no.756 was attached to 18th battalion of border security force. thus it was a government vehicle. at the relevant time the said truck which was being driven by driver ..... on various grounds, enumerated below: the defense as aet up by the union of india is the truck no. rjs 756 was sent out to distribute food to border security force personnel deployed in delhi. the said truck was being driven by one shri maqsood ali, driver no. 817. one inspector ajaib singh was also on the truck who ..... the municipal corporation of delhi under section 478 of the delhi municipal corporation act. according to them, the bus was being driven at a very slow speed and was moving on its correct side whereas the truck bearing no. rjs 756 belonging to the border security force all of a sudden appeared on the scene through gate no. 2 of .....

M. Loganathan Vs. Directorate of Revenue Intelligence

Court : Chennai

Reported in : 1994(73)ELT281(Mad)

..... warrants and authorisation for arrests, search and seizure.' section 42 of the n.d.p.s. act reads as follows :- 'power of entry, search, seizure and arrest without warrant or authorisation - (1 ..... so authorised under sub-section (2) shall have all the powers of an officer acting under sec. 42. this section empowers (in addition to the first class magistrate and specially empowered second class magistrate) the gazetted officers of the central excise, narcotics, drugs control, customs, revenue intelligence, border security force, revenue, excise, police or other departments of the central and state governments to issue .....

Syed Jamir S/O Syed Usman Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1996(2)BomCR259

..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise, police ..... acting under section 42'. ... ... ...'42. power of entry, search, seizure and arrest without warrant or authorisation.- (1) any such officer (being an officer superior, in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force ..... w. 2 pralhad khillare, it can be held that compliance of section 50 of the ndps act was made. thus, the argument of the learned counsel for appellant that there was non-compliance of section 50 of the ndps act, has no force and cannot be accepted.11. mr. m.r. daga, the learned counsel for .....

Kamlesh Kumar and ors. Vs. State of Bihar

Court : Patna

..... act lays down as follows :power of entry, search, seizure and arrest without warrant or authorisation.- (1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customer revenue intelligence or any other department of the central government or of the border security force ..... the substance seized ganja.15. for the reasons stated above, both the applications are allowed. the petitioners are directed to be released on bail on furnishing security of rs. 10, 000 each with two sureties of the like amount to the satisfaction of the sessions judge of respective places, the petitioners shall appear ..... all seizure are illegal and without jurisdiction, the provisions contained in sections 42 to 55 have been made so as to ensure fair investigation, since the act provides for stringent punishment and denial of bail irrespective of considerations of age, sex or disability.7. the first infirmity to be noticed is that the .....

B.S.F. Vs. State and ors.

Court : Rajasthan

Reported in : 1995(1)WLC48; 1994(2)WLN74

..... his judgment and decree dated 11.2.1988, decided all the aforesaid appeals by a common judgment, by which the appeals filed by the state of rajasthan and border security force (appellant) were dismissed, whereas the appeal filed by the claimants was allowed. being aggrieved with the said judgment, the appellant has filed this special appeal under ..... dismissed. their next objection is that against the order passed by learned civil judge, on an application of reference, only one appeal under section 54 of the act is provided to this court. the appeal filed by the appellant against the order of learned civil judge, jodhpur, has already been dismissed by learned single judge, ..... proforma respondent. the claimants-respondents no. 4 and 5 filed caveat and challenged the maintainability of the special appeal on the ground that section 54 of the act provides only one appeal to this court and as such the special appeal submitted by the appellant is not maintainable. this court vide its order dated 16. .....

Kamal Thakur Vs. State (Delhi Admn.)

Court : Delhi

Reported in : 1994IVAD(Delhi)801; 1995CriLJ980; 1995(2)Crimes121; 56(1994)DLT431

..... to answer the question posed. 5. section 42 of the act authorises officers superior in rank to a peon, sepoy or constable of the department of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as are empowered in this behalf by general or special order ..... of rule 8 of the delhi police (promotion and confirmation) rules, 1980. clause (a) of section 5 says : '5. constitution of police force - subject to the provisions of this act :- (a) the delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the ..... . the question has arisen in the following circumstances. 3. the petitioner is facing trial under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter called the act) for allegedly being in possession of 5 kg. and 500 grams of charas. the recovery was made and investigation was completed by a head .....

Kanhailal Chowhan Vs. State of West Bengal

Court : Kolkata

Reported in : 1995CriLJ3283

..... act. the said section 42 runs thus: section 42. power of entry, search, seizure an arrest without warrant or authorisation-(1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcoite, revenue intelligence or any other department of the central government or the border security force ..... received should be reduced to writing so that it can be verified whether there were sufficient reasons for belief. ***** ***** ***** ***** ***** the object of ndps act is to make stringent provisions for control and regulation of operations relating to those drugs and substances. at the same time, to avoid harm to the innocent ..... trial judge after considering the evidence held the appellant guilty of the charge framed against him under section 21 of the n.d.p.s. act and convicted him accordingly and also sentenced him as mentioned above. being aggrieved by the conviction and sentence the appellant has preferred the present appeal .....