Justice Sanjay Parihar Archives

inciting J&K secession unlawful activity

‘Incitement of secession, calling J&K an ‘occupied territory’ is unlawful activity’; J&K and Ladakh HC sets aside discharge of accused

“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”

State adverse possession over private land

Case Briefs High Courts

State cannot forcibly acquire citizen’s land and claim adverse possession or delay to perfect title: J&K and Ladakh HC

“The fundamental right guaranteed to a citizen cannot be said to have been waived by a citizen for remaining silent for long time more particularly when the State has failed in its constitutional obligation to follow the process of land acquisition before taking over the private property of a citizen.”