Judgment Search Results Home > Cases Phrase: border security force act 1968 section 83 law officer Sorted by: recent Court: jammu and kashmir Page 1 of about 146 results (0.092 seconds)

Akeel Ahmed and Another Vs. State of JandK. and Another

Court : Jammu and Kashmir

..... 7/27 arms act and 3/5 pota. the gravamen of charges is that both - the appellant akeel ahmed and co-accused mohd. rashid (hereinafter to be referred to as the accused) worked with terrorists who had come from across the border in mangnar area of poonch, provided information to terrorists regarding movement of security forces, led foreign terroriststs ..... and the direct and circumstantial evidence sufficiently proved complicity of accused mohd. rashid. 4. acquittal of accused akeel ahmed for offence under section 7/25/27 arms act and 3/5 pota has not been assailed by the state. the state has also failed to lay motion of special leave for filing acquittal appeal against accused ..... criminal conspiracy with the foreign terrorists to eliminate the deceased. absence of motive on the part of accused would be material in such a case as the act of elimination of the deceased is attributed to foreign terrorists as a part of their strategy to create panic and terror in the minority community abutting loc. .....

Union of India Vs. Virpal Singh

Court : Jammu and Kashmir

..... against the respondent had provided sufficient opportunity of hearing to the respondent, that the court of inquiry held u/s 62 of the border security force act, 1968 (hereinafter referred to as the act) beside other material before the commandant was sufficient for the commandant to arrive at the conclusion that the trial of the respondent was ..... remedy under rule 28 of the border security force rules, 1969 (hereinafter referred to as the rules) therefore was not entitled to any relief under article 226 of the constitution of india, that there ..... respondent reinstated while leaving the appellant free to pass a fresh order in accordance with law. 2. we have heard mr. varinder kumar, deputy commandant, border security force, who has assailed the judgement passed by the ld. single judge inter alia on the ground that the respondent had failed to avail of an efficacious alternative .....

Umar Ali and Another Vs. State of Jandk and Others

Court : Jammu and Kashmir

..... in jandk. under these circumstances if the petitioners are allowed to go abroad on the strength of indian passport, they may indulge in activities prejudicial to the security, sovereignty and integrity of jandk state and india. further, their departure will be prejudicial to the friendly relations of india with the country to which he intend ..... learned counsel for the union respondents submitted that this petition is not maintainable, since the petitioners have an effective and adequate remedy available to them under the passport act. learned counsel for the petitioners on the other hand, relying on a judgment of the supreme court in satwati deswal v state of haryana, (2010) 1 scc ..... order dated 14.10.2013 refusing to issue passports to the petitioners on the grounds mentioned in section 6(2) (b) (c) and(d) of the passport act, 1967. 2. the petitioners have challenged the aforesaid order in this petition, inter alia, on the ground that there is nothing adverse against them and that the .....

Des Raj Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

..... statement had been used against the petitioner, to the petitioner, before concluding the trial.4. the petitionerbtherefore, demonstrates violation of the provisions of border security force act and rules framed there under by the respondents, in holding his trial.5. responding to the writ petition, the respondents have submitted that, while ..... court of enquiry which according to the learned counsel was a pre-requisite for holding the petitionerbwas in violation of the provisions of the border security force act and rules framed there under which was liable to be set aside additionally because the respondents had failed to provide opportunity of hearing and ..... recording of evidence and consequent trial of the petitioner affording him full opportunity as provided under the act and the rules.16. petitionerbthe principles of natural justice and the provisions of the border security force act and rules framed there under in holding his trial is, thus, not substantiated.17. petitionerblaw because .....

Jang Bahadur Singh, Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

..... by giving shelter appointments to disabled. in the present case the establishment in issue is border security force established under boarder security force act 1968. the preamble of the act describes the object as 'an 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 matters connected therewith.' with that object in view it cannot be ..... said to be irrational that no disabled person is kept on the cadres of the force. the .....

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

Court : Jammu and Kashmir

..... address. it is further contended that there are three modes of imposing penalty under the bsf act and rules. under section 48 of the bsf act, the petitioner can be awarded punishment by a security force court, which includes dismissal from service. under section 53 of the bsf act minor punishment can be awarded by the commandant. independent of the aforesaid provisions, the petitioner can ..... also be dismissed from service under section 11 of the bsf act which is construed as an administrative action .....

Karmat Ullah Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ319

..... food and shelter for the night and received cash worth rs. 1.37 lac for delivery to zulfikar zulfi of village karag whose brother code abu museeb was killed by security forces during january, 2008 in kandi area. he delivered the cash worth rs. 1.24 lacs as first instalment to zulfi. next instalment of rs. 13,000/- was ..... cards meant for distribution to the terrorist were recovered from his possession. as a consequence of that he was detained under the provisions of j&k; public safety act.4. the petitioner has questioned the order of detention on the following grounds:a) that there is no application of mind by the district magistrate while framing order of ..... petitioner seeks quashment of detention order no. 04 of 2008 dated 17,05,2008 passed by district magistrate, rajouri under section 8 of the j&k; public safety act, 1978.2. the grounds of detention reveal that the petitioner remained associated with the local terrorists of hm outfit known with code name jannisar and hm commander ab-saqib .....

Bari Brahmana Industries Asso and anr. Vs. Power Development Deptt., a ...

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ464

..... kashmir region in the state, which consumes 63% of the total available power, is poor at 30% and that too mainly from the government departments and security forces. contrary thereto from the power available is only 37% against the revenue contribution of 70%.36. on the basis of the aforesaid figures, it was asserted ..... about the quantum of unrealized revenue resulting due to supply of either free supply of electricity, or supply at a concessional rate to specialized categories, like border migrants, secretariat employees. it has been urged that burden resulting therefrom should be set off through budgetary support.35. the appellants further asserted that even otherwise ..... the commission has justifiably declined to observe any thing on the issue of electricity duty, which is a tax levied in accordance with the electricity duty act, 1963 (state act) and the levy of this duty being beyond the purview of the commission.100. the commission has taken a serious note of the unsatisfactory quality .....

Javed Iqbal Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ44

..... your contacts, association and activities, it is evident that you are working for terrorist and facilitating their anti-national activities in the state thereby endangering the security of the state, you are co-ordinating between terrorist of different outfits in transaction of money and carrying messages of one terrorist to another. you have ..... gang since received some arms and explosives from naga rebels for committing acts of sabotage and creating large-scale disturbances, particularly in the plains areas along assam-nagaland border.that, in the circumstances, shri kshetra gogai's being at large will jeopardise the security of the state and the maintenance of public order in this ..... from such anti national activities which are highly prejudicial to the security of the state. you javed iqbal s/o makhna gujjar r/o thuroo slukh, tehsil mahore, district reasi are hereby ordered to be detained under the provisions of j&k; public safety act, 1978.8. perusal of the additional ground of detention .....

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- .....