Judgment Search Results Home > Cases Phrase: indo tibetan border police force act 1992 section 78 power to convene a petty force court Court: punjab and haryana Page 1 of about 1 results (0.133 seconds)

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

Court : Punjab and Haryana

Reported in : (2008)2PLR142

..... is also pointed out that the petitioner has not completed 20 years of qualifying service and, thus, he is not entitled to pension under rule 48-a of 1972 pension rules and that the provisions of indo-tibetan border police act, 1992 (hereinafter to be referred as 'itbp act') and the rules framed thereunder are not applicable in view of section 157 of the itbp act as the petitioner was not in the strength of itbp when the aforesaid act came into force.4. ..... the petitioner was enrolled as constable in indo tibetan border police (hereinafter to be referred as 'itbp') on ..... rule discussed in the aforesaid case was rule 19 of border security force rules, 1969 wherein an amendment was carried out on 27.12.1995 so as to grant pension to a member of the force who resigned from the force before attainment of the age of retirement. ..... the petitioner has invoked the extra ordinary writ jurisdiction of this court in releasing proportionate pension in view of rule 49(2)(b) of the central civil services (pension) rules, 1972 (hereinafter to be referred as '1972 pension ..... similarly, division bench judgment of this court is also in respect of the members of bsf which, as mentioned above, stands on a different ..... he invoked the jurisdiction of this court in the year 2006 i.e. ..... view of the above, we do not find any ground to interfere in the writ jurisdiction of this court. ..... is placed upon a division bench judgment of this court in lt. ..... claim of the petitioner is that a division bench of this court in c.w.p. no. .....

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

Court : Punjab and Haryana

..... an important question of law relating to holding of re-trial of a person serving in indo tibetan border police force (for short, itbpf . ..... 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. ..... it was considered the power of the authorities to order trial by general court martial, after setting- aside the trial of that petitioner held by summary court martial (which is akin to sfc).it is observed that re-trial by general court martial, when the person has been held guilty by summary court martial for the same offence after setting-aside the said proceedings of summary court martial on technical grounds would be illegal in terms of the provisions of section 121 of the army act and article ..... it is true that in india unlike in england where the acquittal by the court martial is conclusive and requires no confirmation, every finding of a general court martial whether of acquittal or of guilty cannot be regarded as valid unless it is confirmed by the competent authority but the legislature could not have reasonably intended that an officer convening a general court martial can go on dissolving such courts and reconstituting them ad infinitum until he obtains a verdict or a finding of his own liking. ..... madhya pradesh high court in the case of surinder singh versus the union of india and others.1992 cri.l.j.1312 had criminal writ petition no.121 of 200. .....

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

Court : Punjab and Haryana

..... 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. ..... . the jurisdiction is required to be tested on the touchstone of power to convene the gfc and power of gfc to continue with the trial having regard to the status of the offender and the nature of ..... . rule 43 of the itbp act ,1992 provides that where it is alleged that a person subject to the act has committed an offence punishable under the act, the allegation shall be reduced to writing in the form set out in appendix iv in the case of persons below the rank of head constable and in the form set out in appendix v in the case of officers and ..... . where an officer is put to trial by any other forum of trial, like petty force court or the summary force court, it would be without jurisdiction even if it had been convened by a proper competent officer and has held a trial which is not seen to be prejudicial in ..... not deserve to be dismissed, and the charge is also not so serious as may warrant trial by a force court, he may, in the case of a subordinate officer, either dispose of the case himself or refer it to the appropriate authority for disposal under the provisions of section 58 ..... . the non-compliance of the mandate of section 130 is an infirmity which goes to the root of the jurisdiction and without more vitiate .....

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

Court : Punjab and Haryana

Reported in : (1990)97PLR102

..... in 1985, 45 posts of deputy superintendent of police in the central reserve police force and indo tibetan border police were advertised in response thereto, the respondent (hereinafter referred to as the petitioner) also applied and underwent written test, physical test, interview etc. ..... nalini's case (supra), the learned judges after referring to subhash chander marwaha's case (supra) observed thus : -'the principle emphasized by the supreme court has highlighted the relevant legal position which is to govern this case. ..... 331 and it arose in the following circumstances: the high court of kerala sent up to the chief minister of kerala state a penal of 14 names settled by the high court for appointment as district judges from the bar. ..... thereupon the two appellants filed a writ petition in the high court challenging the order of rejection and asked for a mandamus to the state government for appointment as district/additional district arid sessions judges. ..... in ramashankar raghuvanshi' s case (supra), the apex court dismissed the appeal filed by the state of madhya pradesh in limine but on merits. o. ..... if the names are recommended by the high court, it is not obligatory on the governor to accept the recommendation. ..... 'and on these premises, the apex court declined to issue the writ of mandamus and held as under :-'it is elementary though it is to be restated that no one can ask for a mondamus without a legal right. ..... the governor is not bound to act on the advice of the high court. .....

Adinath Automotive through its partner Parvin Jain Vs. Housing Board, ...

Court : Punjab and Haryana

..... (ii)paramilitary forces like central reserve police force, boarder security force, indo tibetain board police, railway protection force, central reserve force(residents of haryana and legal heirs/dependent of the police personnel of haryana killed in action)8%2%7.backward classes5%8.widows (excluding war widows)2%9.media persons (accredited)1.5%10.older persons/senior citizens2% total50% the benefit of reservation to all above mentioned categories shall only be admissible to ..... to note that the petitioners in this regard had relied upon regulation 1(2)(v) of the housing board haryana (allotment, management and sale of tenements) regulations, 1972 and section 21 of the haryana housing board act, 1971. 9. ..... issue of notice for inviting applications and power of board to allot tenement-(1) the board shall issue a notice in such newspapers as the board may think fit for inviting applications from person in need of residential accommodation in buildings constructed/likely to be constructed by the ..... stated that the action had been taken as per the order and judgment of the division bench of this court dated 08.05.2012 in kapil dev v. ..... actual prejudice in that case on account of the reservation and even the preference necessitating, therefore, the interference of the court in that case. 8. ..... petitions were disposed of by an order and judgment of a division bench of this court dated 08.05.2012. ..... had been passed in respect of various allottees many of whom had filed writ petitions in this court. .....