Judgment Search Results Home > Cases Phrase: border security force act 1968 section 84 challenge Page 10 of about 46,116 results (2.689 seconds)

Gorakh Nath Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2006(1)JKJ192

..... have heard learned counsel for the parties and have carefully gone through the record of this case.8. section 11(2) of the border security force act, 1968 (hereinafter referred to as the 'b.s.f. act') provides for dismissal, removal or reduction from service by an officer not below the rank of deputy inspector general or any prescribed officer under ..... cause notice.4. in order to appreciate the respective contentions the parties, the facts in brief may be noticed.5. petitioner was enrolled as constable in the border security force on 1.7.1971 and in february 1988, he was selected for posting on deputation in the ministry of external affairs in which capacity he served in the ..... sub-rule shall not apply:(a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a security force court; or(b) where the competent authority is satisfied that, for reasons to be recorded in writing, it is not expedient or reasonably practicable to give the .....

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... central govt. standing counsel appearing on behalf of the respondents and perused, the records. 6. admittedly, for commission of civil offence as defined under section 46 of 'the border security force act, 1968' (shortly the act), the ssfc was assembled to enquire/try the petitioner on the charge framed and after recording the evidence allowing all opportunities, the ssfc vide verdict dated 30.10.1999 ..... ' and acquitted him from the charge. the respondent no. 5 forwarded the entire proceeding to the dig, respondent no. 4 who having exercised his power under rule 160 of 'the border security force rules, 1969' (shortly the rules) held the petitioner 'guilty' of committing robbery by forcibly snatching away rs. 50,000 from civilian billai hussain and imposed the penalty of dismissal from .....

Shri Ganga Singh Sengar Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 131(2006)DLT228; 2007(3)SLJ496(Delhi)

..... (copy of this order is annexed to the petition as annexure p-3). the petitioner had preferred an appeal against this order in terms of section 117 of the border security force act. however, on 9.4.85 the petitioner was informed that the appeal of the petitioner had been rejected. both these orders have been challenged by the petitioner in this ..... swatanter kumar, j.1. the petitioner was serving as a head constable being head constable no. 66243089 in the 22nd battalion of the border security force with headquarters at firozpur, punjab. by that time the petitioner had put in nearly 18 years of service. the competent authority on 11.1.84 issued a show ..... overstaying leave granted to him 'reprimand'.(g) under bsf act 21 (2): disobeying a lawful command given by his superior officer 'severe reprimand'.with above report of punishment, i have come to the conclusion that you are a habitual offenders and considered not fit for retaining in the force.you are directed to forward your reply to the show .....

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Reported in : [2008]87SCL51(Delhi)

..... singh, upon a consideration of the statutory scheme and legislative intent, the apex court held that the authority which disposed of a post-confirmation petition under the border security force act, 1968 and rules framed there under is not a court and every order passed administratively cannot be subjected to the rigors of principles of natural justice.62 ..... 399(4).28. it is noteworthy that the statutory scheme contains a similar power under section 237 of the companies act. this section again empowers the central government to appoint investigators to investigate the force of a company and to report thereon if, inter alia, 'in the opinion' of the central government, there ..... limited case (supra); (ii) sub-section 5 of section 399 of the companies act empowers the central government before authorising any member or members as contemplated by sub section 4 to require the applicant or applicants to give security for the payment of any costs which the court dealing with the application may order .....

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Reported in : 1990CriLJ87

..... act or the rules operating in the area of section 482, cr.p.c. so as to override the latter and as such ..... retain the seized property. hence a case under foreign exchange regulation act (1947) cannot help the revisionist.37. further the revisionist cited the case of anand singh bishit v. union of india, 1986 cri lj 563 (cal), the case related to conviction and sentence under border security force act. considering the provisions of the act, it was held that there is no provision in the said .....

Sutendra Debbarma Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... capacity, the offence is nothing but a civil offence for which he was tried by the security force court in terms of section 47 of the border security force act (hereinafter referred to as 'act' for short). the term civil offence is defined by section 2(d) of the act as an offence which is triable by the criminal court, section 46 of the ..... act provides that subject to the provisions of section 47, any person subject to this act who at any place in, ..... was not on active duty at the time of the incident, it may be relevant to produce hereunder section 47 of the act. '47. civil offences not triable by a security force court. - a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, .....

Gajaji Gopalji Jadeja Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)2GLR1142

..... anti-national elements were being readied to infiltrate through the rann and the coastal area of kachchh district, the petitioners were employed to assist the border security force personnel for containing any infiltration during such times. during kachchh earthquake, the petitioners had been mobilised to help non-governmental organisations and ordinary people in ..... are required to work all round the year.(iii) it was denied that the services of the petitioners are not comparable with those of the border security force personnel.(iv) it was also stated that by the very nature of their appointment as home guards, petitioners are liable to be embodied when the ..... residing within 50 kilometres of the kachchh border. there is no such area requirement for recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home guards are concerned .....

Ajai Kumar Roy Vs. the Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003CriLJ3999

..... a term which may extend to two years or such less punishment as is in the act mentioned. 13. section 28 of the border security force act, 1968 is also a verbatim reproduction of section 50 of the army act. section 50 of the army act provides for punishment to the officer who effects the arrest of his subordinate and fails to ..... report the arrest to his company or detachment commander who shall after investigating the case order the release or the continued arrest of the member of the force arrested.23. rule 33 of the border security force rules, 1969 ('bsf rules' for brevity) refers as to how 'close arrest' and 'open arrest' be imposed and the said rule reads as ..... act who is . charged with an offence may be taken in to military custody;2) any such person may be ordered into military custody by any superior officer;3) any officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. 9. rule 40 of the border security force .....

Daroga Yadav Vs. the Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2006(110)FLR277]; [2006(2)JCR353(Jhr)]

..... of powers conferred by proviso to section 47 of the disabilities act, 1995. by the said notification, the central government has exempted all categories of posts of 'combatant personnel' of central para-military force; central reserve police force; central industrial security force; indo-tibetian border police; border security force; and assam rifles. it was submitted that all categories of ..... posts of 'combatant personnel1 having been exempted from the rigor of section 47 of the disabilities act, 1995, it was open to the respondents to ..... s.j. mukhopadhaya, j.1. the petitioner was in the services of the border security force (hereinafter referred to as the b.s.f.). in the extremist attack in jammu & kashmir state, he sustained bullet injuries resulting .....

Prem Pal Singh Vs. Union of India and ors.

Court : Delhi

..... 1. the petitioner, a constable with border security force, attached with a coy of 83rd bn. bsf, was a member of the north bengal frontier shooting team. on 03.02.1996, the team arrived at new jalpaiguri railway station, ..... in spite of assault being a civil offence punishable under section 46 of the bsf act, the petitioner was wrongly charged under section 20(a) of the act by the commandant to avoid the mandatory reference under section 74 to an officer empowered to convene a petty security force court. (ii) that asst.comdt.dinanath was one of the attending officers of the ssfc ..... the reason the petitioner was charged and tried for having assaulted his superior officer, hc jai bhagwan singh, which offence is specifically punishable under section 20(a) of the bsf act and is different than the offence of assault punishable under the indian penal code, which is intended qua any person. for the sake of clarity, section 20(a) of bsf .....