Accrued right

  1. Assuming for the sake of arguments that Legislature can  legislate  in respect of accrued rights and can neutralize or destroy the effects and finality of the judgement of superior Courts with retrospective operation of piece of legislation by providing a specific date in the past — Held: It is not enough to lay down that piece of legislation shall be deemed to have been enforced from that specific date — Held further: The Legislature is under obligation to lay down so in clear words in statute or such a consequence must arise as a necessary implication from the language of the legislation — Such piece of legislation if interfered with the vested rights of the parties the words so used are to be construed strictly while interpreting the statute and no case should be allowed to fall within the letter and spirit of the Act which is not covered by the plain language of legislation which touches or destroys the vested rights of a party.2000 SCMR 367 rel. Abdul Rasheed and 85 others v. Board of Trustees and 3 others 2008 SCR 417 (K)
  2. Where legislation by retrospective effect is intended to — It should clearly cover the cases of those who have acquired a substantive right during intervening period of passing of the piece of legislation and specified prior date of effect — Held: The impugned Act does not clearly postulate withdrawal of vested rights and annulling the final judgement of High Court, it cannot be presumed by any stretch of imagination that it covers these cases. Abdul Rasheed and 85 others v. Board of Trustees and 3 others 2008 SCR 417 (L)
  3. Educational institutions — admission in MBBS — applications for entry test and admission in medical colleges were invited by Joint Admission Committee on 21.8.2013 on the basis of notification dated 13.1.2012 — appellants and proforma-respondents applied for admission against the seats reserved in their respective districts quota — qualified the entry test, merit list was prepared — appellants secured the merit position to get admission in medical colleges — after preparation of merit list a right has accrued to appellants and proforma-respondents which cannot be taken away by a notification deducting 10 seats from category of reserved quota of districts and refugees and reserving the same on self-finance basis. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others 2014 SCR 613 (N)
  4. The vested right is an immediate fixed right of present or future enjoyment — rights are vested in contradistinction as being expectant or contingent — it must be a title to the present or future enforcement of a demand or a legal exemption form a demand made by another. Aroosa Nawaz & 7 others v. Azad Govt. & 61 others  2014 SCR 613 (O) PLD 1969 SC 599, PLJ 1997 SC (AJ&K) 329, 1999 SCMR 1072, 1999 PLC (CS) 1493, 2001 SCR 115, and 2005 SCR 255 ref.
  5.  —the right accrued to the other party, due to lapse committed by the petitioners cannot be taken back. Muhammad Arshad Khan & 16 others v. Member Board of Revenue & 10 others 2019 SCR 942 (C)
  6.    —Notification dated 23.06.2008 was fully acted upon— appellant also received the pension and other emoluments, hence, a valuable right stood accrued in her favour which cannot be snatched by issuance of subsequent notification. Mrs. Nusrat Riaz Versus University of AJ&K & 3 others 2021 SCR 225 (A) 2020 SCR 834 rel.
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