Friday, August 7

Diversified

The Supreme Court has ruled that the existence of an employer-employee relationship under the Industrial Disputes Act depends on a multifactor assessment—chiefly control, supervision, business integration, remuneration source, and disciplinary authority—rather than on mere provision of facilities or subsidies. Deciding in General Manager, U.P. Cooperative Bank Ltd. v. Achchey Lal (2025 INSC 1175), the Court set aside rulings that had treated a bank’s canteen workers as its employees, holding that the bank only provided infrastructure and subsidy while a staff society hired and managed the workers, negating a direct master–servant relationship.

The Supreme Court in Zoharbee & Anr v. Imam Khan (2025 INSC 1245) ruled that a Muslim widow without children is entitled to one-fourth of her deceased husband’s estate under Mohammedan law. The Court rejected her claim for a larger share, holding that property under an unexecuted “agreement to sell” remains part of the estate until a registered sale deed is executed. Referring to Qur’an 4:12 and Mulla’s Principles of Mahomedan Law, the bench explained inheritance priorities and cautioned that inaccurate translations of trial court judgments may mislead appellate courts and affect outcomes.

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.