Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Court: kolkata Page 1 of about 1,245 results (0.123 seconds)

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 .....

In Re: an Appln. for Stay (Can 6546/05)

Court : Kolkata

..... .f.c.13. the issue with regard to the illegality of the order of the authority deciding the petition of the appellant under section 117 of the border security force act, 1968, has not been considered by the trial court. there was some confusions amongst the learned counsel as to whether the point about the order dated ..... the appellant was informed by a notice that the commandant proposes to try the appellant by summary security force court ( hereinafter referred to as ssfc) at 10-30 a.m. on 12th november, 2001 under sections 40 and 26 of the border security force act, 1968. the appellant was given liberty to be present along with any person of the ..... further reasons need not be recorded either by the confirming authority or by the post-confirming authority. in the proceedings under the bsf act, the evidence is recorded by an officer of the border security force and, therefore, cannot be equated with the summary of evidence as recorded in the court martial. we are unable to accept the .....

In Re: for Stay (Can 6546/05)

Court : Kolkata

..... .f.c.10. the issue with regard to the illegality of the order of the authority deciding the petition of the appellant under section 117 of the border security force act, 1968, has not been considered by the trial court. there was some confusions amongst the learned counsel as to whether the point about the order dated ..... the appellant was informed by a notice that the commandant proposes to try the appellant by summary security force court ( hereinafter referred to as ssfc) at 10-30 a.m. on 12th november, 2001 under sections 40 and 26 of the border security force act, 1968. the appellant was given liberty to be present along with any person of the ..... further reasons need not be recorded either by the confirming authority or by the post-confirming authority. in the proceedings under the bsf act, the evidence is recorded by an officer of the border security force and, therefore, cannot be equated with the summary of evidence as recorded in the court martial. we are unable to accept the .....

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Reported in : (1999)2CALLT107(HC)

..... a final order with reasons nor could he get an opportunity to exercise his statutory right of making representation and/or appeal under section 117 of the border security force act. this writ petition was filed when the writ petitioner was in prison, and by an order dated 27.4.93 a learned judge of this ..... might have been sufficient to proceed to pass an order of punishment but in terms of the statutory rules framed under border security force act, the concerned respondents were bound to follow the procedure laid down under the act and rules framed thereunder. moreover, no reason has also been assigned in the order nor any final order has ..... the charges against the petitioner came within the purview of section 16(d) and section 46 of the border security force act which read thus :--'16. offences punishable more severely on active duty than at other times--any person subject to the act who commits any of the following offences, that is to say; (a) ........................ (d) without order .....

The Superintendent and Remembrancer of Legal Affairs Vs. G. Majumdar

Court : Kolkata

Reported in : 1978CriLJ80

..... elected to start proceedings in their own forum end the learned magistrate has accepted the proposition. rule 5 says that when the competent authority under the border security force act elects that the accused should be tried by the border security force court, the magistrate shell stay proceedings and if the accused is in his power or in his control shall deliver the accused with the statement ..... of the charge-sheet and in fact processes had been issued against them. the inspector general, b. s. f. has elected to institute the proceedings in the security force court under section 80 of the border security force act, 1968. such proceedings may be started, but for that purpose the judicial records before the sub-divisional judicial magistrate, bongaon cannot be of any use and moreover .....

Deputy Inspector General, Border Security Force Vs. Ashok Kumar Mishra ...

Court : Kolkata

Reported in : 2005(2)CHN638

..... why his services should not be terminated, by virtue of the powers vested in the said commandant under section 11(2) of the border security force act, 1968 read with rule 22 of the border security force rules, 1969. it was also observed that considering the contents of the show-cause notice, it was not expedient and impracticable to ..... erred in not considering the provisions of section 115 of the border security force act, 1968, which, according to mr. ghosh, would have to be read with rule 22 of the border security force rules, 1969 so as to give a harmonious construction to the provisions of the act or the rules in a case where the concerned authority differed ..... , the said show-cause notice along with the invocation of rule 22 of the border security force rules, was the subject-matter of challenge in the writ petition.4. the learned single judge after considering the various provisions of the act and the rules, came to the conclusion that once the writ petitioner had been acquitted .....

Samir Bhattacharya and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1992)2CALLT333(HC)

..... the writ petitioners who joined west bengal home guard service do not come under the purview of the border security force act and rules and their grievances are matters concerning the state government alone. it is further stated that the border wing home guard (bwhg) personnel attached with the b.s.f. personnel are only under the ..... above all no fixed length of service nor pension or retiring benefits. there is no messing system and they take meals at the border security force messes on individual payment. though the border security forces got border allowances but the petitioners are deprived of the same and only get the house rent allowance. their further grievance is that as members ..... thereof that the expenditure incurred on the deployment of home guards would be debitable to the major head 255-police-a.2-borde.r security force- a.2(l)-directorate general of border security force-a.2(l) (19) other charges under demand no. 52-police during the year 1976-77, subject to funds being voted by .....

G.P. Singh and ors. Vs. Shanti Ranjan Sarkar

Court : Kolkata

Reported in : 1985CriLJ1695

..... referred to as the act, the order for imprisonment in civil jail for a period of three months could not be combined with dismissal from service. the said contention ..... sentence of the summary security force court, the respondent filed a writ petition in this court and obtained a rule nisi out of which this present appeal arises. at the hearing of the rule nisi, it was contended on behalf of the respondent, inter alia, that in view of section 50 of the border security force act, 1968, hereinafter ..... nisi issued on the application of the respondent. shanti ranjan sarkar, under article 226 of the constitution.2. the respondent was a constable of 71 battalion of the border security force. at the material time, he was posted at modhugari police camp, p. s. karimpur, district nadia. he was charged with abetment of the offence of .....

Asif HossaIn and ors. Vs. Inspector General, B.S.F. and ors.

Court : Kolkata

Reported in : 1998(59)ECC76

..... seizure also do not indicate that there was any attempt to export or there was any such overt act constituting an attempt of export and the contradiction in the affidavit filed by the customs authorities and the border security force authorities when read with aforesaid certificate of the chairman of the dhuliyan municipality will clearly indicate that ..... has stated, inter allia, that on 7th december, 1996 while the customs officer along with the bsf personnel were on preventive duty at dhuliyan, jad (g) border security force, krishnanagar came to their office and sought help for conducting raid at a godown in the anupnagar area and at about 13.45 hrs. the officers of the ..... and they also maintain their accounts and pay all taxes including income tax, sales tax etc. on 7th december, 1996 at about 6 p. m. some border security force personnel (hereinafter referred to as the b.s.f.) being the respondent no. 2 and 3 along with some customs officials, police personnel and responsible persons of .....

Commandant of 74 Bn. B.S.F. and ors. Vs. Pankajini Kundu

Court : Kolkata

Reported in : AIR1984Cal405,88CWN1019

..... 6th may, 1978 passed an award for a sum of rs. 40,000/- against the union of india and driver no. 67744116 gorak nath saha of 74 bn. of border security force. the claimant was one smt. pankajini kundu, mother of the victim of the accident asok kumar kundu, a young man of 21 studying in b.sc., 2nd year who ..... the plea of immunity based on employment pertaining to sovereign function is taken up, the court upholds the plea only in those cases where it finds that the impugned act was committed in the course of undertaking or employment which fell absolutely within the traditional sovereign functions. such cases are confined to cases of making of laws, the ..... the said quantum of compensation of rs. 40,000/- contending inter alia that there was no specific data as regards its computation, under section 110b of themotor vehicles act, the tribunal is required to fix such compensation which appears to it to be just. the power given to the tribunal in the matter of fixing compensation under the .....