Judgment Search Results Home > Cases Phrase: border security force act 1968 section 98 evidence of previous convictions and general character Page 9 of about 425 results (0.312 seconds)

Union of India (Uoi) and anr. Vs. Dinesh Kumar

Court : Supreme Court of India

Reported in : 2010(2)SCALE396

..... or by the appellate authority under section 117 of the act.8. under the scheme of the border security force act, there are three kinds of security force courts. section 64 of the act provides for those three kinds, they being (a) general security force courts; (b) petty security force courts; and (c) summary security force courts. we are concerned here only with summary security force courts (ssfc). section 70 provides that a ssfc may be ..... any of these authorities.4. on that count, the high court directed remand in all the matters to the appellate authority under section 117(2) of the border security force act, 1968 (hereinafter referred to as 'the act' for short) for rewriting the order, giving reasons in support of the conclusions reached by the same. the lead judgment was passed on 16.1.2006 in .....

Parama Nanda Deka Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... affidavit-in-opposition on behalf of respondents.9. admittedly the order of dismissal has been issued in exercised of the power under section 11 of the border security force act. section 11 of that act is quoted below : '11. dismissal, removal or reduction by the director general and by other officers- (1) the director-general of any ..... has been urged before us by the learned counsel appearing on behalf of the appellant.'11. learned counsel for petitioner places reliance on the commandant, 70 battalion, border security force and others v. anil bandhu mitra, respondent 1985 lab.i.c. 1738. that was a division bench judgment of calcutta high court and in para 10 ..... the rules we are unable to accept this contention or the stand taken by the authorities of the border security force who dealt with the present case, we have quoted section 11 of the act hereinbefore. that section, in our opinion, only empowers certain authorities to pass orders of dismissal, removal or reduction in rank. this .....

Chokha Ram Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 110(2004)DLT268; 2004(73)DRJ450; 2004(3)SLJ44(Delhi)

..... he was not at all subjected to any cross-examination on behalf of the petitioner. 8. in terms of section 21 of the border security force act, 1968, where any person subject to the act who disobeys in such manner as to show a willful defiance of authority any lawful command given personally by his superior officer, whether orally ..... 1. the petitioner, a constable in border security force(bsf), was on 11th of february, 2002, at about 8.00 p.m. ordered by assistant commandant, shri rajiv bhardwaj, company commander, to proceed from `d' coy to bop rajatal, a coy situate at a distance of about 3 kms. close to the international border. he, however, did not comply ..... course of record of evidence and also before the ssfc. it was, in the given situation, not incumbent on the part of the authority holding summary security force court to require the department to produce evidence to prove the charge against the petitioner.18. the instances of three previous convictions of the petitioner detailed in .....

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 .....

Shri Kantilal Bhanudas Dukare a/P Raogaon, Tal.Karmala, Dist.Solapur. ...

Court : Mumbai

..... petitioner was accordingly charge sheeted under the provisions of sections 40 and 46 of the border security force act 1968. the charges levelled against the petitioner are as under :charge bsf act, sec.401stan omission pre judicial to good order and discipline of the force in that he,on 07.07.2000 at about 1000 hrs while on op duty at ..... allauddin a gratification other than legal remuneration as a motive or reward for forbearing to an official act, to wit, gave exit clearance of 08 cattle heads towards bangladesh.3 an inquiry was conducted under the provisions of the border security force act by the summary court. witnesses were examined on behalf of the department i.e. bsf and ..... view of the time which has already been elapsed.10 the petitioner to appear before the appellate authority i.e. the office of the dig, sector, head quarter, border security force, at malda, post office narayanpur, dist. malda (west bengal) kolkatta pin code no.732141, on 16th of august 2010 at 11.00 a.m. at the .....

Ex- Ct. Rana Pratap Singh vs.union of India and Anr.

Court : Delhi

..... chawla sanjiv khanna, j.(oral): this is the second round by the petitioner, who is an ex- constable in the border security force (bsf).2. the petitioner was tried vide general security force court on six charges, including four charges under section 46 of the border security force act, 1968 for committing murder of three bangladeshi nationals and for attempting to take life of another bangladesh civilian after entering ..... .8. on or about 13th december, 2016, the petitioner made a representation to the director general, bsf for annulment of the general security force court. in addition to factual assertions, the petitioner had alleged violation of rule 60 of the border security force rules, 1969.9. the aforesaid representation was considered and has been rejected vide order dated 31st january, 2017.10. the petitioner has .....

Sunil Kumar Misra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ159

..... -1999 has been treated as dias non. this order has been challenged on the ground that no inquiry under section 62 of the border security force act, 1968 read with rules 170 to 176 of the border security rules, 1969 was held against him. he was not afforded an opportunity of being heard though he sent a number of representations for ..... 8-1999 to 9-3-1999 (221 days) as dies non is under challenge in the present petition. while working as constable in 105 bn. of the border security force, petitioner left for his home in 1999. it is alleged that he applied for leave which was orally sanctioned by the assistant commandant. leave was sought on receiving ..... 1) where in the opinion of the director general a person subject to the act has conducted himself in such manner whether or not such conduct amounts to an offence, as would render his retention in service undesirable and his trial by security force court inexpedient. the director general may inform the person concerned accordingly.(2) the director .....

Assadullah Khan Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ178

..... communicated to him until service of the dismissal order. according to the appellant, he was denied due opportunity of hearing as provided in the border security force act, 1968 and the border security force rules, 1969 framed thereunder. the order being in violation of the statutory rules as well as the rules of natural justice is fit to be ..... single judge dated february 15, 2001 in swp no. 565/92, dismissing the writ petition of the appellant.2. the appellant, an ex-constable of the border security force (bsf), filed the writ petition for quashing order of his dismissal from service dated 26th february, 1991. the short facts of the case are that upon ..... be convicted and variously sentenced. it may be mentioned that the act provides for the security force court and summary security force court empowered to convict persons subject to the act and sentence them for offences committed by them on the pattern as provided in the army act, and the rules framed thereunder. in the instant case, the .....

Union of India (Uoi) Vs. Abdul Rehman and ors.

Court : Jammu and Kashmir

Reported in : AIR1981J& K60

..... ' and is governed and controlled by the border security force act. the union of india cannot be fastened with the liability for his tortious acts because the union of india has 'no control' over its statutory employees. the argument is misconceived. the border security force act, no doubt regulates the working of the force and the allied matters, but merely because ..... of that, the personnel of the bsf do not lose their status of being employees of the union of india. the b. s. f. act itself starts with the preamble that the ..... is that the union of india is not liable for tortious act of its 'statutory employees' because such statutory employees are not 'employees of the state in the traditional and ordinary sense of the term'. it is urged that since the border security force, is a creation of a statute and its employees are governed .....

Suresh Prasad Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2006(1)JCR422(Jhr)]

..... and 5th november, 2003, sent on his leave address but neither he reported for duty nor sent any information/reply to the said letters. as per section 62 of the border security force act, 1968, court of inquiry was ordered vide officer order no. 13271-76 dated 27.12.2003 and apprehension roll was also issued to the superintendent of police, gopalganj. a show ..... .4. petitioner's case is that he overstayed the leave of two month, by six months as he was suffering from lumbo sciatica syndrome. relying on rule 22 of the border security force rules, 1969, it is submitted that departmental proceeding should have been initiated against him before passing the impugned order of dismissal. he relied on the judgment of this court in .....