Civil Law - Succession - Mutual Wills vs Identical Wills - Code of Civil Procedure 1908 - Section 96 - Appellants sought to set aside Trial Court judgment dismissing suit for partition and possession of property jointly owned by parents - Parents executed two separate Wills on 20-04-2006 in identical language bequeathing shares to the surviving spouse with absolute rights and subsequent devolution to children - After mother demise in 2007 father executed gift deeds for different floors in favor of Respondent No 1 and a subsequent Will in 2010 - Appellants contended that 2006 Wills were mutual wills creating binding irrevocable obligations - High Court examined the language of the Wills which provided that the survivor shall enjoy property in exclusive rights interest and control with power to dispose - Held - For a will to qualify as a mutual will there must exist a clear and definite agreement between executants that the arrangement remains irrevocable after death of one party - Mere execution of identical wills on the same day does not establish mutuality - Language used unequivocally conferred complete dominion and absolute ownership upon the survivor - Father was competent to execute gift deeds and subsequent Will - Appeal dismissed - [Paras 1-48].

Civil Law - Interpretation of Wills - Life Estate vs Absolute Ownership - Code of Civil Procedure 1908 - Order XV Rule 3 - Determination of interest created in favor of surviving spouse - Appellants argued father acquired only a limited life interest and could not alienate property except for necessity - High Court analyzed phrases shall enjoy the same in his/her own exclusive rights and shall be able to dispose of the same to meet necessities - Held - Use of such terminology reinforces intention to confer complete ownership - The condition regarding devolution to heirs only if property subsists after survivor death indicates alienation was contemplated and permitted - If testators intended to create a life estate they would have used specific restrictive language - No restrictive covenant or prohibition against alienation was discernible - [Paras 37-42].

Civil Law - Evidence and Pleadings - Competency to alienate - Code of Civil Procedure 1908 - Order VI Rule 17 - Challenge to validity of gift deeds - Appellants alleged fraud and undue influence in procurement of gift deeds - High Court noted that no specific averments or pleadings were made in the plaint regarding validity of documents other than the competency of the father to execute them - Ratio Decidendi - In the absence of a clear agreement not to revoke discernible from the tenor of the will or surrounding circumstances separate wills with identical terms remain revocable by the survivor who acquires absolute interest - Held - Trial Court correctly concluded that property devolved upon father in absolute manner - [Paras 43-46].

Decision: Appeal dismissed – Trial Court judgment and decree affirmed – Respondent No 1 directed to honor bequests in the father subsequent Will dated 06-08-2010.

Writ Law - Regulatory Competence - Telecom Regulatory Authority of India Act 1997 - Sections 11 and 36 - Quality of Service - Challenge to 12-minute per clock hour advertisement cap (10 minutes commercial plus 2 minutes self-promotional) - Petitioners comprising general entertainment channels news broadcasters and regional channels assailed Rule 7(11) of the Cable Television Network Rules 1994 and Regulation 3 of the 2012 Quality of Service Regulations - Primary grievance directed at the per clock hour computation rather than the 12-minute limit itself - Petitioners contended that TRAI lacked jurisdiction to regulate content-related aspects like advertisement duration - Court examined the 2004 notification expanding the definition of telecommunication service to include broadcasting - Court held that the mandate to lay down standards of Quality of Service (QoS) is not narrow or technical but encompasses all facets shaping consumer experience - Excessive commercial intrusion directly impairs the right of consumers to a fair viewing experience - TRAI acted within its statutory authority to ensure QoS and protect consumer interests - Held - Regulation 3 falls within the statutory competence of TRAI - [Paras 1-37].

Constitutional Law - Directive Principles - Constitution of India - Articles 31C and 39 - Public Trust Doctrine - Spectrum as a scarce public resource - Petitioners claimed the advertisement cap violates Article 19(1)(a) and 19(1)(g) - State contended that airwaves are public property and their use must be regulated in public interest - Court applied the Public Trust Doctrine - Spectrum constitutes a scarce and finite natural resource vesting in the people with the State acting as a trustee - Article 39(b) and (c) mandate equitable distribution of material resources to subserve the common good and prevent concentration of wealth - Measures preventing excessive commercial exploitation of broadcast spectrum effectuate these principles - Article 31C provides a safe harbour to laws giving effect to DPSP from challenges under Articles 14 and 19 - Held - The impugned regulations have a rational nexus to the constitutional mandate of ensuring public resources are used for the common good and thus attract protection under Article 31C - [Paras 38-63].

Constitutional Law - Freedom of Speech and Business - Constitution of India - Article 19(1)(a) and 19(1)(g) - Commercial Speech - Reasonable Restrictions - Petitioners relied on print media precedents to argue that restrictions on advertisement revenue indirectly impact editorial freedom and circulation - Court distinguished between print media and broadcasting - Print media uses private resources while broadcasting utilizes public airwaves - Distinction necessitates a licensing and authorization regime - Loss of advertising revenue falls within Article 19(1)(g) rather than the core of Article 19(1)(a) - Freedom to conduct business is not a guarantee of a particular level of profit - The 12-minute cap is a neutral time-based limit that does not prohibit content - Cap is consistent with international practices and serves general public interest - Held - The restriction is a reasonable limitation under Article 19(6) and does not infringe the fundamental rights of broadcasters - [Paras 64-88].

Constitutional Law - Right to Equality - Constitution of India - Article 14 - Intelligible Differentia - Manifest Arbitrariness - Challenge on grounds that the cap fails to distinguish between prime time and non-prime time or different channel genres - Court applied the five-fold framework of non-arbitrariness - Uniform ceiling rests on an intelligible structural distinction between programme content and advertising time - Framework ensures a baseline entitlement for all viewers irrespective of channel genre - Fixation of ceiling informed by consultative processes and consumer concerns - Regulatory choice in economic matters is outside the scope of judicial review unless shown to be capricious - Held - Regulations are not discriminatory or manifestly arbitrary - [Paras 73-80].

Decision: Writ petitions dismissed – Rule 7(11) of the 1994 Rules and Regulation 3 of the 2012 Regulations (as amended in 2013) held constitutionally valid.

Criminal Law - Murder - Ranbir Penal Code 1989 - Section 302 - Conviction set aside - Appellants were accused of murdering the deceased husband of the female appellant to continue an illicit relationship - Prosecution theory alleged administration of sedatives followed by strangulation and hanging the body to simulate suicide - Trial Court convicted appellants based on disclosure statements and motive - High Court observed that the prosecution failed to establish the foundational fact of the presence of the deceased at home during the occurrence - Natural witnesses being the children of the deceased did not witness the presence of the male appellant - Medical evidence failed to support the charge as viscera report was negative for sedatives and the doctor ruled out smothering - Held - The chain of circumstances was incomplete and broken - Conviction founded on conjectures and surmises cannot be sustained - Appellants acquitted - [Paras 1-52].

Evidence Law - Disclosure and Confession - Evidence Act 1872 - Sections 25 - 26 and 27 - Admissibility - Trial Court relied on entire confessional narratives recorded by police - High Court held that only the portion which distinctly relates to the discovery of a fact is admissible under Section 27 - Alleged recoveries of a glass and scarf from non-concealed places in the kitchen were deemed weak and inconclusive - Evidence of PW-16 revealed that the alleged sedatives were procured for the appellant's father - Held - Confessional portions of disclosure statements made in custody are hit by Sections 25 and 26 and must be excluded from consideration - [Paras 34-37, 49-50].

Criminal Law - Circumstantial Evidence - Evidence Act 1872 - Section 3 - Standard of Proof - Suspicion vs Legal Proof - Prosecution relied on motive of illicit affair and Call Detail Records (CDR) - High Court held that suspicion however grave can never substitute for proof beyond reasonable doubt - Motive assumes significance in circumstantial cases but cannot take the place of substantive proof especially when based on hearsay - Prosecution failed to establish "last seen" theory as no witness saw the appellants together at the relevant time - Held - When two views are possible the view favourable to the accused must be adopted - Prosecution failed to prove guilt beyond reasonable doubt - [Paras 40-41, 45-48, 51].

Decision: Appeals allowed – Conviction and sentence passed by the Trial Court set aside – Appellants acquitted and ordered to be released forthwith.

Writ Law - Judicial Review in Public Works Contracts - Constitution of India - Article 226 - Petitioner challenged letters invoking Clause 60(C) of A.P.D.S.S. for withdrawal of dam restoration work - Alleged failure of State to provide designs and pay outstanding dues of five point seven six crores - State contended Petitioner abandoned work and failed to adhere to milestones - Urgent works required for dam safety and temple protection before monsoon - Single Judge granted stay on coercive steps - Vacation Bench found interim order vague and incapable of precise enforcement - Held - Writ jurisdiction cannot be used for enforcing or rewriting contract terms - Disputed questions of fact regarding measurements and delays are for arbitration or civil suit - Interim order modified to require State to act strictly per contract terms - [Paras 1-26].

Writ Law - Judicial Restraint in Contracts - Constitution of India - Article 226 - Scope of review - High Court should not function as site engineer or sit as Court of Appeal over decisions of contractual authorities - Interference justified only in cases of manifest arbitrariness or mala fides or irrationality - Held - Courts must afford fair play in the joints to governmental undertakings - Authority floating contract is best judge of its requirements - [Paras 11-14].

Writ Law - Specificity of Interim Relief - Constitution of India - Article 226 - Use of expression coercive steps in interim orders - Single Judge restrained Respondents from taking coercive steps - Held - Expression coercive steps is uncertain and vague and incapable of precise enforcement - Such terminology has potential to interdict lawful contractual and statutory functions of the State - Interim orders must be precise and not impede urgent public works - [Paras 22-23].

Decision: I.A. No. 3 of 2026 is disposed of – Interim order dated 30.04.2026 is modified to direct Respondents to proceed strictly in accordance with Agreement terms and clear outstanding bills within three weeks.

Writ Law - Reservation - Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2007 - Section 9(1) - State Government Schools (SGS) Quota - Petitioner passed 10th from Government High School under BSE Odisha and 12th from Christ College under CHSE Odisha in 2014 - Secured 49.66 percent marks in PCB subjects failing to meet the mandatory 50 percent aggregate for general category - Petitioner subsequently appeared for Chemistry through NIOS in 2022 and improved marks to meet the threshold - Claimed 15 percent horizontal reservation under SGS quota for NEET-UG 2025 - OJEE authorities refused allotment during Spot Round on ground that NIOS is not a State Government institution - Petitioner alleged the decision was hit by doctrine of estoppel and was discriminatory as candidates with lower ranks were allotted seats - High Court noted that SGS reservation is strictly restricted to students passing 10th from BSE Odisha and 12th from CHSE Odisha from Government institutions as per Notification dated 26.03.2021 - NIOS does not fall under definitions of High School or Junior College under Odisha Education Act 1969 - Held - Petitioner cannot bridge the qualification gap by using marks from a different Board to claim a quota specifically reserved for State Board students - Writ petition dismissed - [Paras 1-16].

Education Law - Eligibility for Reservation - Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2007 - Section 9 - Combining Marks from Different Boards - Interpretation of State Government School (SGS) Quota - Petitioner relied on improved Chemistry marks from NIOS to satisfy the 50 percent aggregate requirement for medical admission under State quota - Held - SGS reservation can only be granted if the candidate passes both 10th and 12th from the State Board and satisfies the minimum qualifying marks from that Board alone - While NIOS marks may satisfy general eligibility under National Medical Commission rules - they cannot be utilized to claim a state-specific reservation restricted to CHSE Odisha students - A candidate cannot avail two privileges at the same time by using an external board to qualify for a state-specific quota - [Paras 14-15].

Decision: Writ petition dismissed – Petitioner held ineligible for reservation under the State Government Schools (SGS) quota.

Criminal Law - Rape - Indian Penal Code 1860 - Section 376 - Conviction based on child witness testimony - Appellant was convicted by the Trial Court for the rape of a 9-year-old girl and sentenced to life imprisonment - Prosecution case rested on the testimony of the victim (P.W.1) and her mother (P.W.2) who reached the spot immediately after hearing cries - Accused-neighbour fled the scene upon being spotted - Defense argued delay in FIR and lack of external injuries - High Court reappraised the evidence noting that the child witness was found competent after preliminary examination and her testimony was consistent on material particulars - Held - The prosecution successfully proved the guilt beyond reasonable doubt - Trial Court judgment affirmed - Appeal dismissed - [Paras 1-15, 32-53].

Criminal Law - FIR Delay - Code of Criminal Procedure 1973 - Section 154 - Explanation for delay - F.I.R. was lodged two days after the incident - Complainant-mother explained the delay citing the absence of her husband and the social stigma/shame attached to such offences in a tradition-bound society - Held - Delay per se is not a mitigating circumstance in rape cases - Satisfactory explanation of delay is weighty enough to reject the plea of false implication - [Paras 22-26].

Evidence Law - Child Witness - Indian Evidence Act 1872 - Section 118 - Competency and reliability - Victim aged approximately 9 years was examined as P.W.1 - Trial Court recorded its satisfaction regarding the witness's capability to understand questions despite being rustic - Defense alleged tutoring by the mother - Held - Testimony of a child witness if found natural and free from tutoring can form the sole basis of conviction - Minor variations in peripheral details do not render such testimony unreliable - [Paras 28-37, 48].

Evidence Law - Medical Evidence - Indian Evidence Act 1872 - Section 3 - Corroborative value - Medical report showed torn hymen and inflammation but no other external injuries - Defense contended absence of injuries falsified the rape charge - Held - Medical evidence is corroborative in nature - Presence of injuries is not a sine qua non for determining the offence of rape - Minor inconsistencies with medical opinion do not override clear and reliable ocular testimony - [Paras 5-8, 49-50].

Evidence Law - Rustic Witness - Appreciation of evidence - Testimony of village-based witnesses - Discrepancies noted in exact distances and directions in the narrations of P.W.1 and P.W.2 - Held - Evidence of rustic witnesses must be appreciated in light of their behavioral patterns and environment - Trivial discrepancies unrelated to the core incident do not affect the veracity of the testimony - Court must separate the grain from the chaff - [Paras 45-47, 50].

Decision: Appeal dismissed – Conviction and life imprisonment sentence under Section 376 IPC maintained – Appellant to remain in jail to serve the sentence.

Writ Law - Custodial Torture - Public Humiliation - Constitution of India - Article 226 - Police Misconduct - Petitioner alleged that after arrest he was subjected to custodial assault - forcibly shaved - dressed in women’s clothing - and paraded through a crowded marketplace - Photographs and videos were circulated on social media causing irreparable damage to reputation and dignity - Police authorities contended petitioner was apprehended in female attire while trying to evade arrest and no acts of forced dressing or shaving occurred - Court found the police explanation implausible and contrary to ordinary human conduct - Held - The conduct reflects a palpable overreach of authority not sanctioned by law - Police cannot assume the role of a judge or engage in acts that resemble judicial determination - Petition disposed of with mandatory directions - [Paras 1-18].

Constitutional Law - Right to Dignity - Constitution of India - Article 21 - Institutional Humiliation - The right to life is not merely a physical existence but encompasses the right to live with dignity free from humiliation and unwarranted public exposure - Parading an accused before the media and capturing images within police stations constitutes a systematic erosion of individual reputation - Such acts leave indelible scars on the psyche even if the person is eventually acquitted - Held - Institutional humiliation is wholly inconsistent with the constitutional promise of dignity and is incompatible with the tenets of constitutional morality - [Paras 15-16].

Criminal Law - Media Trial - Role of Police - Presumption of Innocence - The phenomenon of media trial by police through press conferences and orchestrated disclosures seeks to project an accused as culpable before due process of law - Such conduct violates the bulwark against arbitrary State action - Presumption of innocence remains a cherished right until a finding of guilt is established through due process - Held - Investigative officers must refrain from prematurely informing media of breakthroughs to claim investigational credit as it jeopardizes the integrity of the investigation - [Paras 14-16].

Criminal Law - Police Powers - Indian Penal Code 1860 - Section 53 - Extra-legal Punishment - The power to investigate does not encompass the power to declare guilt or inflict punishment - Police role is confined strictly to investigation and maintenance of law and order - Statutory framework exhaustively prescribes the nature and extent of punishments that may be imposed solely by the Judiciary - Held - Subjecting an accused to public parading or social media condemnation orchestrated by police is an extra-legal penalty not recognized by law and amounts to an unwarranted usurpation of judicial function - [Paras 17-18].

Decision: Writ Petition disposed of – Court issued mandatory directions for strict adherence to SOPs – Prohibited public parading or disrobing of individuals lacking serious criminal antecedents – Declared social media condemnation orchestrated by police as an unauthorized form of punishment – Directed display of Do’s and Don’ts at all police stations – Reserved liberty for petitioner to pursue civil remedies for damages.

Writ Law - Service Law - Regularization of Guest Lecturers - Constitution of India - Articles 14 and 16 - State challenged Single Judge order quashing G.O. (Ms). No. 247 and 248 (2022) - Petitioners were working as Guest Lecturers in Government Arts and Science Colleges appointed through college-level committees - Government initially proposed regularization of 1146 lecturers under G.O. (Ms). No. 56 (2020) through a special test - Subsequent 2022 policy mandated a written competitive examination for 4000 posts and canceled earlier notifications - Single Judge quashed 2022 G.O.s holding that rules of selection cannot be altered mid-process - Division Bench found that original appointments were made through walk-in interviews at the college level without State-wide advertisement - No final selection list was ever published under the 2020 policy - Principle of changing rules of the game applies only when selection is concluded or final list is published - Held - Single Judge order set aside - Writ petitions dismissed - Guest Lecturers have no fundamental right to be absorbed in service - Mere receipt of salary or provident fund does not equate to legal appointment - [Paras 1-63].

Constitutional Law - Public Employment - Open Competitive Process - Article 14 - Definition and Requirements - Court examined the validity of college-level recruitment for public posts - Open competitive process requires widely published and circulated advertisements - equal opportunity for all qualified persons under Article 14 - objective selection based on marks rather than pick-and-choose method - and transparent independent conduct - Held - College-level selection committees do not constitute an open competitive process - State-wide publication is mandatory for regular recruitment to substantive vacancies - [Paras 30-36, 42].

Service Law - Policy Revision - Rules of the Game - State of Bihar Vs. Mithilesh Kumar distinguished - Distinction between completed recruitment and ongoing policy change - In Mithilesh Kumar the candidate was recommended by the Public Service Commission before the policy changed - In the present case the regularization process under G.O. 56 was only underway and no final list was published - Held - Government is entitled to change its policy especially when informed by Supreme Court directions in Dr. K. Ragu case - Changes in recruitment rules cannot be equated with change in policy of regularization - [Paras 45-55].

Service Law - Regularization vs Recruitment - Right to Absorption - State of Karnataka Vs. Umadevi (III) applied - Differences in goals and legal status - Recruitment is rule-based filling of substantive vacancies through statutory methods - Regularization is a remedial measure for irregular appointments - Held - Contractual employees cannot claim equality with regular employees - No fundamental right to claim absorption for those employed on daily wages or contractual basis - [Paras 37-41, 80-82].

Decision: Writ Appeals allowed – Single Judge order set aside – Writ petitions dismissed – State directed to notify additional 1292 posts to reach the original 4000 vacancies – Selection to be made through open competitive process – Guest Lecturers to be granted maximum 15 weightage marks based on experience and age relaxation – Guest Lecturers not to be ousted from service until fresh recruitment process is completed.

Civil Law - Rent and Eviction - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Unsafe and unfit for human habitation - Respondent landlord sought eviction of petitioners on grounds of non-payment of rent and building being unfit for habitation - Rent Controller and Appellate Authority ordered eviction primarily due to the building being 70 to 80 years old and constructed with small bricks and mud mortar - High Court scrutinized the Local Commissioner report and found the official had not physically entered the premises and merely observed it from an adjoining roof - Court determined that mere age of a structure or the nature of construction material used cannot be the sole basis for declaring a building unsafe - Held - Findings of lower authorities were based on surmises and conjectures without substantive evidentiary foundation - Revision petitions allowed and eviction orders set aside - [Paras 1-17.3].

Civil Law - Eviction Ground - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Standard of Proof - Building condition - Ratio Decidendi - Mere antiquity of a structure or the use of traditional materials like small bricks or mud mortar does not constitute conclusive proof that a building is structurally unsafe or unfit for human habitation - Findings of unfitness must be supported by cogent evidence such as expert testimony showing collapse of portions or extensive cracks or weakening of structural components - Held - Absence of independent evidence regarding actual physical deterioration renders eviction orders legally unsustainable - [Paras 17-17.2].

Civil Law - Landlord and Tenant Relationship - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Admissibility of Evidence - Petitioners relied upon assessment record Ex.A3 to argue premises were fit for habitation - Same document recorded their predecessor as a tenant under respondent - Held - A document relied upon by a party for one purpose can be read in its entirety and the party cannot selectively rely on parts favorable to their case - Relationship of landlord and tenant confirmed - [Paras 12-12.1].

Decision: Revision petitions allowed – Impugned orders and judgments of the Rent Controller and Appellate Authority quashed – Eviction petitions dismissed.