Kaunain Sheriff M

Articles By Kaunain Sheriff M

CBI chief: Mallikarjun Kharge goes to SC on govt move, Congress split on petition

Talking to The Sunday Express, Kharge said he has filed a “separate petition” saying that the “Government’s decision was in violation of the law” and The Delhi Special Police Establishment Act, 1946.

BCCI to Goa mining: Judge to monitor CVC probe adjudicated on key issues

Retired Supreme Court judge Justice A K Patnaik has been appointed by the SC to supervise the Central Vigilance Commission (CVC) probe against CBI Director Alok Verma.

Understanding CVC, govt orders against Alok Verma

What laws govern the appointment and removal of the CBI Director? How does the CVC recommendation — and the government move — to divest Alok Verma of his functions stack up against these provisions?

Need to rethink Vishakha to include incidents from past: Its author Justice Sujata Manohar

Justice (retired) Sujata Manohar: Need to relook at Section 509 IPC (gesture to insult modesty), things have changed

#MeToo movement: Lawyers weigh in, delay not a problem, file police complaint

Criminal lawyers The Indian Express spoke to said that a police complaint was the best option and that the women should not fear defamation suits.

Explained: When a woman is harassed at work

How does the law define sexual harassment at the workplace? A look at the guidelines for recognising sexual harassment, and the action employers are to take.

Outgoing CJI Dipak Misra tenure: Some strong judgments, some controversies

Former Law Minister M Veerappa Moily said the outgoing CJI was “not considered to be very friendly to social justice issues”.

Elgaar Parishad arrests: Can’t muzzle voices in opposition, says Justice Chandrachud

Coming down hard on Pune police, Justice Chaderchud said there is “sufficient material” placed before the bench“ on the need to have an independent investigation”.

Justice Nazeer dissents: Four key questions, larger bench is needed in Ayodhya case

Justice Nazeer said that considering the “Constitutional importance” and “significance” of the issue, the Ram Janmabhoomi land dispute case should be referred to a larger bench.

Aadhaar Act as Money Bill: Fraud on Constitution…violates rights, says Justice (Dissenting) Chandrachud

Accepting the Government’s contention that there needs to be an ID system for targeted delivery of welfare benefits, Justice Chandrachud said that the state had failed to show that this entails sacrifices on “individual autonomy, data protection and dignity.”

How Supreme Court accepted govt’s argument on Aadhaar as Money Bill

The court said that the Union government was “right” in its submission that benefit or service “ought to be understood in the context of targeted delivery to poorer and weaker sections of society”.

Aadhaar case: How Supreme Court addressed petitioners’ arguments on surveillance, privacy

The majority view of Chief Justice Dipak Misra, Justices A K Sikri and A M Khanwilkar concluded that “the architecture of Aadhaar as well as the provisions of the Aadhaar Act do not tend to create a surveillance state”.

Withdrawing faulty hip implants: How Johnson & Johnson went back on its word to regulator

On January 11, 2010, the regulator granted a fresh import licence to J&J after receiving another undertaking that it would recall the product if found faulty by a regulator in any other country. The ASR implants were globally recalled on August 24, 2010.

Simply put: Is Apple Watch an ECG device?

A new USFDA-cleared feature can generate the wearer’s ECG data within 30 seconds. However, both the FDA and Apple have clarified that the watch cannot replace professional medical advice.

J&J tells court: Damages claims by India victims ‘undue’, filed only after $2.5-bn US settlement

In the US, the hip implant class action law suit against the pharma major began in 2011. Two years later, in 2013, the firm agreed to pay an estimated $2.5 billion to settle thousands of lawsuits from affected patients.

Facing FIR, Johnson & Johnson waved clean chit it obtained from Judge Srikrishna

Justice Srikrishna’s 10-page opinion, accessed by The Indian Express, says the police are on a “wrong footing,” revision surgeries are “routine,” no case under Section 328 IPC was made out.

Section 377 verdict: What the Judges ruled

A look at the four separate but concurring orders of the 5-judge Constitution Bench

Section 377: Three rulings over nine years

Justice D Y Chandrachud, also on the Constitution Bench, referred to last year’s judgment on the right to privacy while observing that the 2013 judgment had been “eroded and even disapproved”.

Government knew of Johnson & Johnson faulty hip implants, took almost two years to ban

The delay in cancelling the licence assumes significance as the firm told the expert committee — appointed by the Union Health Ministry in February 2017 — that it cannot trace as many as 3,600 patients who underwent the surgeries involving the faulty implant.

Chief Justice of India names his successor: Justice Ranjan Gogoi

Chief Justice of India Dipak Misra has written to the government recommending Justice Ranjan Gogoi as his successor.