Judgment Search Results Home > Cases Phrase: border security force act 1968 section 88 judicial notice Page 2 of about 36,488 results (0.236 seconds)

Amresh Sharma vs.director General, Border Security Force

Court : Delhi

..... husband to his own name. her brother-in-law namely kailash chand was also a d.i.g. in the border security force and such a second marriage was a civil offence under section 46 of the border security force act.5. the petitioner filed a complaint with the bsf on june 18, 2009 alleging that kailash chand had deceitfully induced ..... improperly acquired and disposed of immovable properties belonging to her and to others. a trial was held by the general security force court (for short g.s.f.c. ) established under section 64 of the border security force act, 1968 (bsf act). two separate charge sheets were framed by the g.s.f.c. the first charge sheet was issued under section ..... 46 of the bsf act, which is sexual intercourse caused by a man deceitfully inducing a belief of lawful marriage punishable .....

Sukhwinder Singh Vs. Union of India and Another

Court : Delhi

Reported in : 1996CriLJ3892

..... having arisen in the territories of the state of jammu and kashmir but his contention is that in view of the provisions of border security force act, any trial made by any general security force court may be subject to the jurisdiction of the delhi high court as the central government is at delhi and the office of ..... punjab and is presently lodged in the jail of jammu. (2) the petitioner has not exhausted the remedy available to him under section 117(2) of the border security force act, 1968 against his conviction and sentence. thus, the petitioner has not availed of the aforesaid statutory remedy and, thereforee, without exhausting his statutory remedy, he ..... have been challenged in this petition on the grounds, inter alia; (1) that the bsf authorities have usurped the jurisdiction of section 80/81 of the border security force act; (2) that the bsf authorities compelled the petitioner to examine himself as a witness against him in violation of article 20(3) of the constitution of india .....

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 .....

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Reported in : 2000(2)WLN635

..... the inspector general is required to transmit the proceedings to the higher authority. the aforesaid notification is reproduced as follows:in pursuance of the provisions of the border security force act, 1968 (47 of 1968), the central government is pleased to hereby empower you, or the officer on whom your command may devolve during your absence, not ..... reasonable doubt that mens rea, which in view of the reasons given above, is a necessary ingredient of the offence punishable under section 40 of the border security force act. it is true that the burden to prove the ingredients of an offence lies on the prosecution and that this burden never shifts. the prosecution can ..... is not the end of the exercise necessary for answering the question whether mens rea is a necessary ingredient of the offence under section 40 of the border security force act. for the purpose of correctly ascertaining the intention of the legislature, the words used in the statute have to be construed. if the intention of .....

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. .....

Const. Hans Raj Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(87)DRJ108

..... central government dismissing the post-confirmation petitions in respect of an army personnel challenging such court martial verdicts and the same analogy of the army act applies to the border security force act as the provisions of the army act and the border security force act are pari materia.7. the pleas of the learned counsel for the petitioners, mr. r.p. sharma, mr. bishram singh and ms. jyoti singh ..... section 116 read with the rules 103-133 of the army act, 1958. the summary security force court is held under section 74 read with rules 133-161 of the border security force act. general court martials under the army act are akin to security force courts and summary court martials are akin to summary security force courts under the bsf act.4. the brief facts of the representative case, wp.no.9427 .....

Union of India and Another Vs. O.P. Bishnoi

Court : Delhi

Reported in : 2000VAD(Delhi)937; 2000(54)DRJ264

..... ultimately to the union government. thereforee, ordinarily there should be a finality to the proceedings as envisaged by these enactments, in this case the border security force act and the border security force rules. the high court's powers under article 226 of the constitution to judicially review such findings is for a limited purpose, namely, ..... we proceeded to examine this matter on merits. investigation into an offence alleged to have been committed by a person subject to the border security force act 1968 (for short 'the act') is dealt with under chapters v to vii of the rules. for the present case the relevant chapter is vii and commence with ..... consequential benefits. 2. the case before the learned single judge was that the respondent was tried by general security force court on a charge under section 31(b) of the border security force act (for short the act) namely :- without proper authority extract from any person money wherein he was convicted and sentenced to dismissal from .....

Sukhwant Singh Vs. Union of India

Court : Delhi

Reported in : 1996IIIAD(Delhi)77; 1996CriLJ4079; 1996(38)DRJ299

..... to smuggle weapons from pakistan. thirdly the petitioner voluntarily omitted to inform about the said design to his superior officer. proceedings before general security force court were held under the border security force act,1968. after affording full opportunity to the petitioner, the proceeding of conviction was submitted. authority sentenced the petitioner to suffer rigorous imprisonment for ..... to the impugned order, we must have a quick glance to the relevant facts of this case. the petitioner, sukhwant singh, was working in the border security force in 0ctober,1966. in december,1991 while serving as junior staff officer (water wing) he was posted to perform the duties as the personal officer of ..... in, or beyond india, commits any civil offence, shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a security force court and, on conviction, be punishable as follows, that is to say:- (a) if the offence is .....

P.B.Bansal Vs. Uoi and ors.

Court : Delhi

..... to the inspector general bsf for confirmation as contemplated by section 108 of the border security force act 1968 (hereinafter referred to as "the act"). vide order dated 28.04.1995, exercising powers under section 113 of the act, the inspector general returned the record to the gsfc to revise/reconsider the ..... 1. the petitioner was enrolled with the border security force on 27.06.1966. he was promoted to the rank of subedar major (hindi translator) in ..... wherein he denied the charges levied upon him and alleged mala fide on behalf of the jad, vigilance and ci.5. the general security force court returned a verdict of guilty qua the first and fifth charge and exonerated the petitioner of the other three i.e. the ..... evidence to the competent authority. after considering the record of evidence, vide order dated 16.09.1994 the competent authority convened a general security force court (herein after referred to as the "gsfc") to try the petitioner as per the charge sheet dated 23.3.2004, which .....

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

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ381

..... transfer of the custody of the accused to bsf authorities for trial by exercising option under section 80 of the border security force act. section 80 of the border security force act 1968 reads as follows:'80. choice between criminal court and security force court -- when a criminal court and a security force court have each jurisdiction in respect of an offence, it shall be in the discretion of the director-general ..... . in the objections filed by the respondents, it is averred that that the petitioner has not availed statutory remedy available to him under section 117 of the border security force act 1968, read with rule 167 of the border security force rules, 1969. petitioner was participating in anti-militancy operational duty in sensitive area of village dedha on 28. 5. 1998 when he was found missing from .....