Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Court: himachal pradesh Page 1 of about 122 results (0.148 seconds)

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

Court : Himachal Pradesh

..... counsel for the petitioner during the course of arguments was that in the impugned order of dismissal passed by security force court, no reasons have been given for coming to the conclusion of 'guilty' as against the petitioner. according to rule 99 of border security force act, 1961, while giving a finding on every charge finding of guilty or not guilty has to be given by ..... the order passed by the appellate authority. the petitioner did not avail the remedy prescribed under section 117(2) of the act but filed the present writ petition. our attention has not been drawn to any rules framed under border security force rules similar to rule 99 which provide for recording of reasons now as discussed above in case of finding of guilty or .....

Hardyal Singh Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : 2007(1)ShimLC93

..... of himachal pradesh on 6.12.1961. thereafter, he was selected in the indian army and joined as a commissioned officer on 19.1.1964. in the year 1965, the border security force act (for short: bsf) was promulgated and the bsf was set up. the petitioner was discharged on 9.4.1970 and thereafter joined bsf as assistant commandant on 29.7.1970 ..... the rule is also bad, inasmuch as, it requires the petitioner to fulfil an impossibility and is hit by the maxim lex non cogit a impossibilia, i.e. the law forces not to fulfil impossibilities. in support of his contention, mr. thakur has urged that as far as the petitioner is concerned, he stands on equal footings with all other ..... . at the relevant time, the bsf had not framed its own rules and it was governed by the central reserve police force (for short: crpf), rules.2. rule 43 of the said rules provided that the age of superannuation of an officer of the bsf who reaches the rank of commandant .....

Mrs. Vidya Stokes Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 1994CriLJ1833

..... alleged that from april, 1988 to december, 1988, respondent no. 2 was on deputation to the border security force in jammu and kashmir and from december, 1988 to may, 1990, he was appointed as inspector general (g) (intelligence and vigilance) border security force at new delhi. respondent no. 2 has denied the allegations that he was, in any manner ..... . the allegations made in the f.i.r. or in the charge-sheet did not show that the bank employees or the customer had acted dishonestly, namely, acted with a deliberate intention to cause wrongful gain or wrongful loss nor did the allegations constitute any offence of cheating or forging. it was observed ..... followed in government departments. we have already noticed the constitution of the council, which is a wholly autonomous body, a society registered under the societies registration act, having its own constitution and management. although investigations have been concluded in most of the cases, but even in those cases there is no material .....

State of Himachal Pradesh Vs. Sudarshan Kumar and Etc.

Court : Himachal Pradesh

Reported in : 1989CriLJ1412

..... 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, ..... 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 ..... for illicit arms and ammunition or a member of the armed forces in a border engagement may hit upon such a chance recovery. it will be too much to say that such a recovery would not constitute an offence under the narcotic act. take another instance. a designated officer of police department conducting .....

Bakhtawar Singh Vs. the State

Court : Himachal Pradesh

Reported in : 1951CriLJ17

..... of cloth and other supplies, the maintenance of which is essential to the community, and in furtherence of that object indulged in activities prejudicial to the security of the state and the maintenance of public order, your detention has therefore been ordered to ensure the maintenance of supplies and public order.2. although ..... assistant to the advocate-general stated that movement of cloth is prohibited by an order made under the essential supplies (temporary powers) act, 1946 (act xxiv 24. of 1946), which is still in force the fact that movement of cloth is being controlled does not by itself prove that smuggling is affecting the supply of an essential ..... introduces a new and fresh ground for the orders of detention. the allegation that smuggling activities involve tiring by the polios on both sides of the border and thereby create a danger of misunderstanding and bad relations between india and pakistan is clearly not merely a further particular amplifying a ground of detention already .....

Dalip Singh Vs. Jaisi Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1981HP49

..... have 'succeeded' to the absolute and full ownership of the estate in the said land or property which she acquired under section 14 (1) of the hindu succession act, on the coming into force of the said provision, by the merger of her lesser estate into thegreater one, and that, therefore, a sale of such absolute estate by her after the coming ..... under sub-section (1) calling upon the plaintiff either (i) to deposit in court a specified sum which must not exceed !/5th of such probable value or (ii) to give security to the satisfaction of the court for payment, if required, of a sum not exceeding such probable value within a specified time. it is thus the duty of the court ..... in such order. (2) in any appeal the appellate court may at any tune exercise the powers conferred on a court under sub-section (1). (3) every sum deposited or secured under sub-section (1) or (2) shall be available for the discharge of costs. (4) if the plaintiff fails within the time fixed by the court or within such .....

indru Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1989CriLJ2238

..... v. state 1972 cri lj 57 (all) a minor married girl was abducted by the accused and others from the house of her father. the accused secured the ornaments which she was wearing on her person by dishonest inducement through convincing her that it would not be safe for her to be putting on ornaments as ..... held by a learned single judge of the allahabad high court that her statement immediately after the occurrence was admissible as res gestae under section 6, evidence act and further that it provided the necessary corroboration so as to lend assurance about the trustworthiness of her testimony on the question of exercise of dishonest inducement by ..... which it had occurred. this would certainly constitute a complaint relating to the crime and therefore, relevant as specifically laid down in illustration (j) to section 8, evidence act. this illustration reads:(j) the question is, whether a was ravished. the facts that, shortly after the alleged rape, she made a complaint relating to the crime, .....

Kuldip Alias Sukhia Vs. State of H.P.

Court : Himachal Pradesh

..... penal code, such harassment should be with a view to coercing the lady or any person related to her to meet any unlawful demand for any property or valuable security or on account of failure by her or any person related to her to meet such demand. otherwise also, it has been held by the hon'ble supreme court ..... criminal force against the deceased or committed any other act of cruelty. as a result of the above discussion, appeal is partly accepted. conviction and sentence of the appellant for the offence, under section 306 ..... . however, i do feel that award of sentence of two years rigorous imprisonment for this offence is too harsh, particularly when the evidence on record shows that he act of cruelty was committed more than eight months prior to the death of the deceased and there is no evidence, indicating that after that the appellant had ever used .....

Kamal Kumar Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2009CriLJ36

..... of offence, but in the meantime he was interrupted by the calls of the mother of the prosecutrix and fled away from the spot. thus, series of acts inevitably leads to the commission of the offence which the appellant neither foresaw nor intended, happens to prevent this. therefore, for the circumstances explained above, there is ..... to do something with the intention of committing the offence and which is a step towards the commission of the offence. the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. this is what exactly provisions of section 511 ipc require. appellant in this case, has ..... of, its actual commission or consummation/completion. it may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. the illustrations given in section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.11. in .....

Mehatpur Filling Station and anr. Vs. State of Himachal Pradesh and or ...

Court : Himachal Pradesh

Reported in : [2003]133STC101(HP)

..... manner in which it has to be submitted and the tax to be remitted, the said rule holds the field and continued to be in force. the omission/deletion of the word retail in the act does not, according to the respondents, either curtail or delete the liability of the petitioners to pay the tax on the sale of the ..... the state government to prescribe the form and manner in which certificate under sub-section (3) of section 3 shall be furnished by the dealer, the manner of furnishing security under section 5, the manner and intervals at which and the authority to which the returns are to be furnished under sub-sections (1) and (2) of section ..... it is superseded by any such rules, orders or appointments made or notifications issued under the provisions so re-enacted. consequently rule 15 will continue to be in force and enforceable as such and cannot be considered to have been either abrogated or rendered nugatory or otiose. the contention of the learned counsel that the amendment introduced by .....