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Narottam Dass Beshtoo Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1995SC1154; JT1994(5)SC644; 1995LabIC1596; (1995)ILLJ564SC; 1994(4)SCALE25; 1994Supp(3)SCC264; [1994]Supp2SCR670; 1994(2)LC643(SC)

..... the aforesaid rules do not at all deal with the mode of enrolment of lower division clerks. the same is governed by what has been provided in indo-tibetan border police force (lower division clerk) recruitment rules, 1973 which were made by the president of india in exercise of the powers conferred by the proviso to article 309 ..... states that mode of enrolment and procedure of enrolment shall be such as may be prescribed. learned counsel then speaks to draw assistance from rule 187 of the indo-tibetan border police force rules, 1994 which is on the subject of 'transitory provision' and states that any rule or order applicable to the force on commencement of these rules ..... union', the incumbents have to be taken as members of this force, because of the definition of this expression as given in section 2(1)(p) of the indo-tibetan border police force act, 1992, for short, the act. this submission is countered by shri vaje appearing for the union of india, because according to him, apart from .....

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

..... , 2011 sent by the respondents stating that the petitioners trial was tentatively scheduled in the second week of january, 2012.2. the respondents purported to have exercised jurisdiction under the indo tibetan border police force act, 1992 (itbpf act, 1992) and the rules framed thereunder. the challenge by the petitioner rests primarily on the contention that the proposed action of the respondents was statutorily ..... under section 58 of the itbpf act, 1992.3. to the extent necessary, the facts giving rise to the petition are briefly noticed hereafter.4. the petitioner was enrolled in indo tibetan border police (itbp in short) on 31st august, 1988 as a sub-inspector. while posted on 15th january, 2009 with the 32nd battalion of the itbp, the petitioner was given the responsibility .....

Ravi Paul and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1995(1)SC579; 1995LabIC405; 1995(1)SCALE261; (1995)3SCC300; [1995]1SCR419; 1995(2)SLJ205(SC); 1995(1)LC571(SC)

..... in the matter of fixation of seniority of ex-ecos who were appointed as deputy superintendents of police/company commander in the border security force, the central reserve police force, the indo-tibetan border police and the assam rifles. under the said principles the service in the army was to be counted ..... for the purpose of seniority in the manner indicated therein. respondents nos. 3 to 445 in civil appeal no. 4127 of 1985 are such ecos who were absorbed/appointed as assistant commandants in the border ..... commanders or quarter-master in battalions other than signal battalians or assistant principal central training college in the central reserve police force. on september 2, 1968, parliament enacted the border security force act, 1968 (hereinafter referred to as the 'bsf act') to provide for the constitution and .....

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

Court : Delhi

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

..... posting he apprehended a bangladesh national, nurul islam, who was attempting to cross over to india. nurul islam was brought to the post in the presence of other border security force personnel and local villagers where he was physically searched'. the learned single judge notes that:- 'according to the petitioner, nothing was found. however, the ..... herein was a witness for the prosecution in the trial before the general security force court. the commandant having dealt with the case under rule 45 of the border security force rules, 1969 (for short 'the rules') was debarred under rule 46 from being a witness which, in turn, vitiated the trial. further grounds ..... 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 service. the .....

Wildlife Protection Society of India Vs. State of Jandk

Court : Jammu and Kashmir

Reported in : 2003(2)JKJ598

..... act & the provisions of the cites, the govt. of india has further taken steps to train and sensitized enforcement agencies like indo tibetan border police, b.s.f. postal guards, customs and police for preventing any illegal import or export of the shahtoosh and other animal articles. 7. the handicrafts trader association, srinagar has ..... endangered species of wild fauna and flora) and thereby prohibit importation and trade in animal articles made/derived from shahtoosh the under wool of the tibetan antelope. (ii) whether the respondents are under an obligation to enforce the ban on importation of wild animals including their parts and products particularly ..... provide additional support and information required to combat illegal international wildlife trade. in this petition the focus of its attention is the threatened extinction of tibetan antelope which is commonly known as chiru. the under-wool of this animal according to the petitioner is used for manufacturing shahtoosh shawls. according .....

Dr. V.L.N. Thakur Vs. Union of India and Others

Court : Punjab and Haryana

..... . mr.gurpreet singh, senior panel counsel for uoi. **** ranjit singh, j. the petitioner, who is a veterinary surgeon and was serving as an assistant commandant in indo tibetan border police force (for short 'itbpf') has filed this petition to challenge the proceedings of a general force court ('gfc' for short) and the consequential punishment. though initially the ..... to shift the venue of the trial to ramgarh, district pachkula, haryana. on 29.9.2008, the venue of gpf was shifted o 37th battalion itb police ramgarh. the petitioner had also challenged his suspension order by filing a writ petition. the trial by gfc finally commenced against the petitioner on 17.3.2009 ..... charges against the petitioner were serious in nature and since he had made allegation against his commanding officer, the next superior authority i.e.inspector general of police had issued direction for preparation of record of evidence in view of the provision contained in rule 45. in regard to the allegation that crl. writ .....

Present: Mr. Arun Bansal Advocate Vs. the Central Govt. Through Secret ...

Court : Punjab and Haryana

..... mr.gurpreet singh, advocate, senior panel counsel for union of india. ***** ranjit singh, j. an important question of law relating to holding of re-trial of a person serving in indo tibetan border police force (for short, itbpf .) after setting-aside an earlier trial, is raised in the present petition. in the absence of any provision permitting retrial, the question raised would deserve ..... . again a division bench of the delhi high court had the occasion to deal with the provisions of re-trial in respect of a person subject to the jurisdiction of border security force act. in the case of nirmal lakra versus union of india, 2003 (2) s.c.t.588, the division bench has held that the earlier trial ..... revoking and suspension period of both the persons w.e.f.12.5.2k to 8.89.2k is treated as duty for all purposes. sd/-commandant xith bn.itb. police . consequent to passing of order, annexure p-5, the petitioners were once again subjected to trial by sfc, which was held on 3.11.2000. they were found .....

Head Const. Hardev Singh Vs. Union of India and Others

Court : Punjab and Haryana

Reported in : 2000CriLJ2585

..... base conviction on a confession the court must satisfy itself that it was voluntary and true. unfortunately in this country it appears to be well known that the police are in the habit of extorting confessions by illegal and improper means. confessions obtained in this manner must be excluded from evidence as it is not safe to ..... wrongly that i told const. hardayal singh about fire on const. ratna bhai on 24/25 oct. 91 night by me and that i, after collecting one round from police constable daljeet singh of ps baghapurana, had returned the round of hc jiwan singh on 25 oct. 91.' (iv) 'i have not fired knowingly. i am unable ..... by the central government under section 108 of the act. resultantly, the authority, who confirmed the finding and sentence of the gsfc, being respondent no. 4/inspector general, border security force, punjab frontier, bsf campus, was undisputedly inferior and junior in rank to the additional director general, punjab frontier, bsf, who convened the gsfc for trial of .....

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

Court : Delhi

Reported in : [2008]87SCL51(Delhi)

..... amrik 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 ..... against the ex parte ad interim orders. 75. the court considered the law laid in several judicial precedents including queen v. randolph et. al. 56 dlr (2d) 283; commissioner of police v. tanos 98 clr 383; lewis v. heffer (1978) 3 all er 354 (ca); furnell v. whangarei high schools board 1973 ac 660 : (1973) 1 all er 400 ..... way of good administration.the apex court also considered the decision rendered by the high court of australia (dixon c. j and webb, j) in the commissioner of police v. tanos 98 clr 383. the court was considering the question whether an ex parte order of closure of a disorderly house may be made. it was held that .....

Randhir Singh Vs. Union of India and ors.

Court : Kolkata

Reported in : (1999)2CALLT107(HC)

..... held wherein four witnesses were examined on behalf of the department. the petitioner cross examined the civilian witnesses but declined to cross-examine the officers of border security force. two additional witnesses have also been examined whom also the writ petitioner did not choose to cross-examine. two witnesses, however, were examined ..... india reported in : 1990crilj2148a , m/s. woolcombers of india ltd. v. woolcombers workers union & anr. reported in : (1974)illj138sc and ashis kumar kundu v. border security force reported in 1997(7) slr 240. 12. mr. mihir chakraborty, the learned counsel appearing on behalf of the respondents have produced a xerox copy of the records ..... circumstances such a plea of guilt 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 .....