Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Court: supreme court of india Page 1 of about 7,033 results (0.140 seconds)

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 .....

Union of India (Uoi) and ors. Vs. B.N. Jha

Court : Supreme Court of India

Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);

..... a component thereof the same cannot be treated to be a separate unit for the purpose of rule 45b of the rules. section 2(1)(f) of the border security force act defines commandant with reference to a unit and not commandant as a holder of post.19. rule 46 is a proviso or an exception to rule 45 b ..... in this behalf by warrant of the central government.16. the central government in exercise of its power conferred upon it under section 141 of the border security force act made rules known as the border security force rules, 1969. some of the provisions of the rules are in the following terms:14a ranks-(1) the officers and other members of the ..... invalid.15. before embarking upon the rival contentions of the parties, we may notice the following provisions of the border security force act.'2(1)(f) 'commandant', when used in any provision of this act with reference to any unit of the force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions .....

Gouranga Chakraborty Vs. State of Tripura and anr.

Court : Supreme Court of India

Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)

..... was no order made by the security force for passing the impugned order of dismissal for an offence made under section 19 of the border security force act, 1968 following the procedure contained in chapters vii to xi of the rules framed under section 141 of the border security force act. the border security force act has been enacted with a ..... view to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith, by the parliament and ..... sending any reply. he was therefore, dismissed from service by the commandant by order dated january 5, 1972 in accordance with the provisions of border security force act, 1968 and the rules framed thereunder.6. the munsiff held that the plaintiff was given reasonable opportunity before the commandant dismissed him from service. .....

Union of India and Another Vs. Ex Constable Amrik Singh

Court : Supreme Court of India

Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325

orderk. jayachandra reddy, j.1. whether a personal hearing is required before disposing of a petition filed under section 117(2) of the border security force act, 1968 ('act' for short) against an order of the summary security force court? this in short is the question involved in this appeal filed by the union of india. 2. the facts that give rise to this appeal may be noted ..... at the outset. the sole respondent who was working as mounted constable in the border security force ('bsf' for short) was charged for an offence under section 31(b) of the act for extracting a sum of rs. 14,000 from a person without proper authority. a chargesheet was issued to the respondent. the evidence .....

State of J and K and Another Vs. Lakhwinder Kumar and Others

Court : Supreme Court of India

..... judicial custody. he went on to say that in exercise of his discretion under section 80 of the border security force act, 1968 (hereinafter referred to as the act) he has decided to institute proceeding against them before the security force court. in the aforesaid premise it was requested to stay the proceeding and to forward the accused persons ..... 549 of cr.p.c. 1989 (j and k) for instituting proceedings against them under the bsf act and rules made thereunder.6. that the outcome of the trial of the accused persons by border security force court of the result of effectual proceedings instituted or ordered to be taken against them shall be intimated as ..... command and,3. whereas in exercise of my discretion as envisaged in section 80 of the bsf act, 1968, i have decided to institute proceedings against the said accused persons lakhwinder kumar and randhir kumar birdi before the border security force court.4. whereas, the accused persons i.e. lakhwinder kumar and randhir kumar birdi are .....

Union of India (Uoi) and ors. Vs. Ashok Kumar and ors.

Court : Supreme Court of India

Reported in : AIR2006SC124; [2005(107)FLR840]; JT2005(12)SC515; 2005(8)SCALE397; (2005)8SCC760; 2006(1)SLJ312(SC)

..... held that the removal of the delinquent officer from service was in violation of the provisions contained in section 10 of the border security force act, 1968 (in short 'the act') read with rule 20 of the border security force rules, 1969 (in short 'the rules). the appeal filed by the delinquent officer was allowed upsetting the judgment of the ..... director general recorded his satisfaction that the material witnesses connected with case will not be available and as such the trial of the delinquent officer before security force court was inexpedient and impracticable and opined that further retention of the delinquent officer in service was undesirable.on 23/25.9.1992 show-cause ..... of chapter xiv of the rules, and he was found guilty of six lapses.(iii) the view formed by competent authority to dispense with holding of general security force court was on the basis of material on record. (iv) the decision to remove delinquent officer from service was not actuated by malafide consideration. (v .....

Union of India and ors. Vs. Rakesh Kumar Etc.

Court : Supreme Court of India

Reported in : AIR2001SC1877; [2001(89)FLR599]; JT2001(4)SC306; 2001LabIC1406; 2001(3)SCALE150; (2001)4SCC309; [2001]2SCR927; 2001(2)SCT1085(SC); 2001(3)SLJ257(SC); (2001)2UPLBEC1163

..... posts after serving for ten or more years but less than 20 years are entitled to pension/pensioner benefits under the relevant provisions of the border security force act, 1968 (hereinafter referred to as 'the bsf act') and the border security force rules, 1969 (hereinafter referred to as 'the bsf rules') or the central civil services (pension) rules, 1972 (hereinafter referred to as ..... w.e.f. 1st march, 1994 and for release of past arrears of pension with interest. it is the case of the respondent that he joined board security force (hereinafter referred to as 'bsf') as a constable on 15.1.1981 and continued to serve till he submitted his resignation on 11.2.1994 under rule ..... governed by the ccs (pension) rules. it is his submission that in case resignation of member of the force is accepted it would not mean that he has retired from service. resignation would mean voluntary act of quitting the job/service and implies that employee though fit in all respects decides to quit and leave the .....

Shiv Parshad Pandey Vs. C.B.i. Through Director, New Delhi

Court : Supreme Court of India

Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)

..... 17 or shall affectthe jurisdiction of a criminal court to try anyoffence triable by such court as well as by asecurity force court.'11. this section authorises the border security force to arrestand initiate proceedings and punish an offender who was subject tothe act provided such person is tried for an offence under the actwithin six months after he has ceased to be subject to ..... of the same offence thediscretion to proceed or not to proceed under the bsf act lies withthe director general, or other officers specified therein withinwhose command the accused person is serving. it must be noticedherein that this section applies only to such persons who 'isserving' in the border security force and not to a person whoceases to be an officer of the bsf at .....

Union of India (Uoi) and anr. Vs. S.S. Ranade

Court : Supreme Court of India

Reported in : [1995(71)FLR492]; JT1995(2)SC582; 1995(3)SCALE65; (1995)4SCC462; [1995]3SCR773; (1995)3UPLBEC1499

..... relates to the age of retirement of a commandant (selection grade) in the border security force.3. the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and matters connected therewith, are governed by the provisions of the border security force act, 1968. section 141 of the border security force act enables the central government, by notification, to make rules for the purpose of ..... carrying into effect the provisions of this act as set out in that section. in exercise of that power, the central government has notified the border security force (seniority, promotion and superannuation of officers) rules, 1978. it .....

Union of India and Others Vs. Andnd Singh Bisht

Court : Supreme Court of India

Reported in : 1996VIAD(SC)557; AIR1997SC361; (1997)1CALLT41(SC); 1996CriLJ4435; 1996(6)SCALE357; (1996)10SCC153; [1996]Supp5SCR306

..... the beneficial provision of section 428 of the crpc is applicable in the case of the respondent even though he was tried by a court martial under the border security force act and section 5 of the crpc has not taken away such benefit. accordingly, an order was passed on 30th september, 1985 to release the respondent from ..... made by the respondent anand singh bisht is under challenge in this appeal. anand singh bisht was a naik in the border security force. for injuring one cadet raj kishore singh, he was tried under the border security force act, 1968 and was convicted for the offence under section 307 of the indian penal code and was sentenced to suffer one ..... respondent anand singh bisht moved the habeas corpus petition before the calcutta high court inter alia contending that as he had undergone pre-trial detention by the border security force authorities for about one year he was entitled to set off his sentence of one year's rigorous imprisonment under section 428 of the crpc and he .....