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Confirmation of Bishop, the ratification by the arch-bishop of the election of a bishop by dean and chapter under the king's letter missive prior to the consecration of the bishop by the archbishop, as directed (see CONGE D'ESLIRE) by 25 Hen. 8, c. 20. It was undecided, from1848 to 1902, whether this ceremony be ministerial or judicial, i.e., whether the archbishop can refuse to confirm. See Queen v. Archbishop of Canterbury, (1848) 11 QB 483, in which the Court of four judges was equally divided in discharging a rule for a mandamus to hear objections, on the ground of heterodoxy, to the confirmation of Dr. Hampden, as Bishop of Hereford. Since then objection has been many times taken to a confirmation:-to that of Dr. Prince Lee as Bishop of Manchester, in 1848; to that of Dr. Temple as Bishop of Exeter, in 1869; to that of Dr Temple as Archbishop of Canterbury, in 1896; to that of Dr. Creighton as Bishop of London, in 1897; to that of Dr. Ingram as Bishop of London, in 1901; and to th...

Hindu

Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...

Appointment in exercise of a Power

Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...

Medicine, adulteration of

Medicine, adulteration of. See ADULTERATION.It means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery. [Indian Medical Council Act, 1956 (102 of 1956), s. 2 (f)]The definition of the word 'medicine' in s. 2(f) of the Indian Medical Council Act, 1956 is too wide to determine if it includes cardiology. It is also not necessary to go into the dictionary meaning of the expression as it is clear from the relevant Regulations that medicine and surgery are general subjects and Cardiology and Orthopaedics are their respective specialities. Where general subject such as medicine or surgery is being dealt with in a regulation, the specialist branch under it would be covered, though not vice versa, because if one wants to hold a post in the specialist branch he must of necessity have teaching experience in the specialist branch. Undisputably, one qualifying for M.D. (Medicine) has to learn the subject of Cardi...

Natural justice

Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...

Promotion

Promotion, as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class, Dr. Meera Massey v. Dr. S.R. Mehrotra, (1998) 3 SCC 88.Means advancement or preferment in honour, dignity, rank or grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade, State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour. Opting to come to a lower pay scale or to a lower post cannot be considered a promotion, it...

According to law

According to law, the High Court under the revisional jurisdiction is obliged to test the order of the Rent Controller on the touchstone of 'whether it is according to law' and for that limited purpose may enter into re-appraisal of evidence for the purpose of ascertaining whether the conclusion arrived at by the Rent Controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. Chandrika Prasad v. Umesh Kumar Verma, (2002) 1 SCC 531 (534): AIR 2002 SC 108.According to law, judgment leading to a miscarriage of justice is not a judgment according to law, Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222....

At the earliest

At the earliest, where clause (a) of Rule 50(5) the Triple Benefit Scheme Rules (for employees of aided educational institutions of Karnataka) requiring the employee to give 3 months' notice in writing and clause (h) of Rule 50(5) requiring the employee to seek approval for curtailment of the notice period, the letter asking for permission to take voluntary retirement 'at the earliest' meant after period of 3 months, K.L.E. Society v. Dr. R.R. Patil, (2002) 5 SCC 278 (283)....

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