Incidental

Rights are vested when the right to enjoyment, present or prospective, has become the property of some particular person or persons as a present interest

A vested right is a title to the present or future enjoyment of property, or to the present or future enforcement of a demand or a legal exemption from a demand by another

The right must be immediate, absolute, complete, unconditional and independent of a contingency

Accordingly, a mere expectancy of future benefit or a contingent interest founded on the anticipated continuance of existing laws, does not constitute a vested right

Inchoate rights, which have not been acted upon, are not vested rights

Moreover, a vested right may not arise at a time when there is no possibility of enforcing a claim under the existing law

In certain cases, a distinction is drawn between an existing right and a vested right and it is said that the rule against retrospective construction is applied only to save vested rights and not existing rights

The expression 'vested right' means an absolute or indefeasible right

The claim based on the vested right or settled expectation to obtain sanction cannot be set up against statutory provisions

It is a right which cannot be taken away without the consent of the owner

Such rights may arise from contract or statute and from the operation of law

The right to take advantage of a statute cannot be held to be a vested right.

"Healthcare" was the field concerned with the maintenance or restoration of the health of the body or mind and covered a broad spectrum

"Healthcare" has come to mean every aspect, service, and device for taking care of the people's health; and signified a system which was efficient, effective, responsive, and accountable.

Definition and meaning.

Penalty implied a loss, disability or disadvantage of some kind visiting a person or his property on account of his own actions or omissions

Penalty had both criminal and civil dimensions; in the former, it denoted a punishment imposed on a wrongdoer in the form of term of imprisonment or a sum of money exacted from him for violation of the law, while in civil law, it may arise from a breach of statutory duty or a contractual obligation with its inherent limitations and peculiar remedies.

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'Decision is a binding adjudication of rights and claims between two or more persons whereas 'recommendation' denotes something in the nature of a suggestion.

Term 'void order' means when it is made by Court, Tribunal or other authority which had no jurisdiction either as regards the subject matter, pecuniary value or territorial limits

Such an order has been described as amounting to 'usurpation of power unwarranted by law' and accordingly nullity in law

Order made by a court or authority having necessary jurisdiction is not an order void ab initio but an order which may be set aside on sufficient cause being shown in that behalf

Void act must also be distinguished from illegal or irregular act

Void act is an act without jurisdiction and nullity; an illegal or irregular act is an act within jurisdiction and is not void

Court or Tribunal acts illegally when it acts in breach of some law and with material irregularity when it commits some error of procedure in the course of trial.

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Definition and explanation.

Definition and explanation.

"Agreement of sale" was not merely an obligation to sell but an obligation on the part of other party to purchase while "agreement to sell" was simply an obligation on the part of vendor or promisor to complete his promise of sale.

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Fair trial would mean right to proper hearing by an unbiased forum.

Nomination meant the act or instance of appointment of a person to an office.

Constituency meant the whole body of voters who elected one representative, or the people who lived in and voted in a particular district, or a body of citizens dwelling in a defined area and entitled to elect a representative

Constituency was a territorial or geographical compact where a group of voters held an election to elect a representative.

Local government will typically only have control over their specific geographical region, and cannot pass or enforce laws that will affect a wider area

Local governments could elect officials, enact taxes, and do many other things that a national government would do, just on a smaller scale.

'Confession', dictionary meaning and juristic interpretation.

While using said term in respect of law, it is a behavior of somebody that annoys other people, and that court of law can order the person to stop

In liberal sense, anything that endangers life or health, gives offences to sense, violates laws of decency, or obstructs reasonable and comfortable use of property would constitute 'nuisance'.

Connotation.

Expression 'public importance' is not capable of any precise definition, and same therefore, can only be defined by process of judicial inclusion or exclusion

Each case has to be judged in its circumstance as to whether question of public importance is involved

Public importance must include a purpose or aim in which general interest of community, as opposed to particular interest of individual, directly or widely is concerned.

'Public interest' has been considered as core of democratic theories of government and often paired with two other concept, convenience and necessity, which means welfare or well-being of general public

'Public interest' is very wide expression and embraces public security, public order and public morality

Expression 'Public Interest' in common parlance means an act beneficial to general public

Action taken in public interest necessarily means an action taken for public purpose.

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Meaning and scope.

In its conjunctive sense, word 'and' is used to conjoin words, clauses, or sentences expressing the relation of addition or connection and signifying that something is to follow.

"Obeisance" means respectfulness of manner or bearing; deference; homage; submission.

Term 'Public interest' connotes interest of a large group or segment of society and is contraindicative of an interest which vests in an individual or a smaller group of persons.

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Term "law" not only included the laws made by the 'legislative bodies' but also included 'judge made law'.

"Cruelty" might be mental or physical.

Definition and scope.

"Sufficient cause" was such a cause which was beyond the control of a party.

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Meaning. [p. 2227] K Black's Law Dictionary Ninth Edition ref. Khalid Anwar, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant.

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