Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Page 1 of about 46,116 results (0.375 seconds)

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- .....

Comdt. Atul Kumar Singh Vs. Uoi and anr.

Court : Delhi

..... border security force confirmed the finding and sentence of the security force court in terms of the provisions of section 107 of border security force act, 1968. 20. aggrieved by the finding and sentence awarded by the security force court which stood confirmed by the director general, the petitioner preferred a petition under section 117(2) of border security force act, 1969 to the directorate general border security force ..... , ministry of home affairs, government of india, which petition was rejected vide order dated 26.03.2007. 21. aggrieved by the finding and sentence awarded by the security force court and the order dated 26.03.2007 passed by the directorate general, border security force, the petitioner ..... 1. petitioner atul kumar singh was enrolled as an assistant commandant with border security force (herein after referred to as the "bsf") and was promoted to the post of commandant in the year 2002. .....

O.P. Dahiya Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4464; 2003(1)AWC343(SC); [2003(1)JCR159(SC)]; JT2002(9)SC414; (2003)1SCC122; 2003(1)LC21(SC); (2003)1UPLBEC125

..... him by such consequential reconstitution of the court. that apart, we notice that the respondents were well within their authority under section 71(4) of the border security force act to issue the impugned order. the question of double jeopardy also does not arise because the petitioner was not either convicted or acquitted of the charges ..... to be made by the respondents while the petitioner was being tried by the fresh general security force court for certain misconduct alleged against him and by the said order exercising the authority vested under section 71(3) of the border security forces act, the inspector general (h.qs.) dissolved the said court on the ground that the functioning ..... , he also directed the constitution of a fresh court.2. the allegation of the appellant before the high court was that the proceedings before the general security forces court had almost come to an end and a re-trial would prejudice his case, apart from the fact that it would amount to double jeopardy.3 .....

Prosenjit Kundu Vs. the Presiding Officer, General Security Force Cour ...

Court : Delhi

Reported in : 2006(88)DRJ856

..... frontier (annexure p.4), and the order of the director general, bsf rejecting the statutory petition filed by the petitioner under section 117(2) of the border security force act, and a writ, order or direction in the nature of mandamus to reinstate the petitioner with all consequential benefits for the intervening period. 2. the petitioner ..... during the pendency of the writ petition the petitioner moved an application for suspension of his sentence on the ground that under section 130 of the border security force act, sentence can be suspended by the director general or any other empowered officer and the petitioner having already served sentence of six years and two months ..... shall be communicated to this court. pursuant to the orders of this court, the director general in exercise of his powers under section 130 of the border security force act passed an order on 26th september, 2005 by which the sentence of the petitioner was suspended for a period of six months pending the hearing of .....

Balwinder Singh Vs Union of India and ors.

Court : Delhi

..... in the proceedings.46. the statutory scheme clearly sets out the legislative intent so far as the defence of a personnel covered under the border security force act is concerned. to facilitate defence of the accused before the courts, the statute provides for a defending officer, friend of accused and counsel at ..... it was held that the respondents had made mockery of the system.78. section 8 of the border security force act makes the provisions of the indian evidence act applicable to all proceedings before a summary security force court.79. the petitioner was placed in close arrest on 3rd october, 1997. it is noteworthy ..... the statutory position with regard to persons subjected to the border security force. section 70 of the border security force act, 1968 (bsf act hereafter) provides the constitution of a summary security force court (`ssfc' hereafter). it is permitted under section 74 to try any offence punishable under the act subject to certain stipulated exceptions. sub-section 4 of .....

Yash Paul Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ401

..... in respect to allegations of non-observance of the procedure prescribed under rules, it is stated that the petitioner was charged under section 19(b) of the border security force act, 1968 for over-staying the leave without any sufficient cause. he was brought before the commandant for preliminary hearing on offence report under rule 45 of bsf ..... a direction for his reinstatement into service and release of salary etc. the main ground of challenge in the petition is that the procedure prescribed under the border security force act, 1968 and the rules framed there-under has not been followed. in as much as the petitioner was not provided any opportunity to properly defend himself. ..... -4-2003.2. it is under these circumstances that the petitioner has approached this court seeking quashment of order dated 9-4-2003 issued by dig, border security force by which the appeal filed by the petitioner has been dismissed and order dated 12-9-2002 issued by the commandant, 71 bn whereby the petitioner was .....

Md. Nazrul Islam Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... forfeiture of one year seniority for the purpose of promotion subject to confirmation by the director general under section 107 and section 108 of the border security force act. the entire proceeding was forwarded by the law officer to the confirming authority. the petitioner made an application before the director general praying for ..... proceeding against him by issuing charge sheet for commission of offence under section 40 and section 46 of the border security force act. by order dated 22nd august, 2007, the inspector general conveyed the general security force court trial against the petitioner on and from 30th august, 2007 and such trial was completed on 10th september ..... setting aside the order of punishment. the said application is still pending awaiting decision by the confirming authority being the director general, border security force. 2. while the petitioner on leave, the director general sent a signal on 18.10.2007 to the commandant, 106 battalion, ndrf for .....

R. Unnikrishnan Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1997(2)WLC464; 1997(1)WLN201

..... gratuity and other benefits to which the petitioner would have been entitled to.5. section 48 of the border security force act enumerates the punishments to be inflicted in respect of the offences committed by the persons subject to the border security force act i.e.death, imprisonment, dismissal from service, forfeiture of service for the purpose of increased pay, pension ..... any such punishment for forfeiture of service for the purpose of pension or any other prescribed purpose in terms of. section 48(g) of the border security force act.4. the facts as stated by the petitioner are not denied in the reply filed on behalf of the respondents. however, it is denied by ..... . while in service he was charged for having committed an offence under section 40 of the border security force act vide charge-sheet dated 14.12.1994 and was tried by the summary security force court on 6.3.1995. summary security force court found him guilty of the offence and he was punished with the penalty of dismissal from .....

Barad Kesar Bhai Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... court of enquiry, several witnesses were examined whereafter a report was submitted recommending that the petitioner be declared a deserter and disciplinary action as per the border security force act and the rules be taken against him. on receipt of the report of enquiry as aforesaid, the commandant of the battalion by an order dated 15 ..... recourse of the writ remedy has been made as against the order of dismissal, which has been subsequently upheld by the appellate authority under the provisions of the border security force act, 1968.4. i have heard sri r.l. yadav, learned counsel appearing for the petitioner and mr. s. dasgupta, learned additional c.g.s.c., ..... the present case.6. under the provisions contained in section 19 of the border security force act, absence without leave is an offence for which a security force court can try the offender and punishment, as prescribed may be awarded. under the provisions of the act, in a given situation, a person guilty of commission of any of the .....

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1978(11)WLN435

..... evidence may be needed. let us see the order itself. it is reproduced below:warrant for confirming findings and sentences of the general security force under the border security force act.tothe inspector general,border security force,jodhpur (rajasthan).in pursuance of the provisions of the border security force act, 1958 (47 of 1968), the central government is pleased to hereby empower you, or the officer on whom your command may devolve during ..... working as accountant-cum-cashier in that year the petitioner was prosecuted for misappropriating property under section 30 of the border security force act, 1968 (47 of 1968)(hereinafter referred to as the act'), during the year 1975-76. he was convicted by the general security force court and sentenced to suffer rigorous imprisonment for two years. it was farther ordered that the petitioner was to be .....