Case Details

Citation(s)
2002 SLG 1954 2002 SLD 1954 2002 CLC 1275
Sindh High Court
Constitutional Petition No.D-548 of 2000, decision dated: 27-03-2001, hearing DATE : 24-01-2001
S. AHMED SARWANA AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Ch. Abdul Rasheed for Petitioner. Raja M. Iqbal for
Respondents

SALAHUDDIN

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Vested right------- Concept.The term "vested right" has not been defined by any statute. It is an immediate fixed right of present or future enjoyment, and rights are vested in contradistinction to being expectant or contingent. It must be 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 made by another. In Constitutional law, rights which have so completely and definitely accrued to or settled in a person that they are not subject to be defeated or cancelled by the act of any other private person, and which it is right and equitable that the Government should recognize and protect, as being lawful in themselves, and settled according to the then current rules of law, and of which the individual could not be deprived arbitrarily without injustice, or of which he could not justly be deprived otherwise than by the established methods of procedure and for the public welfare. Such interest as cannot be interfered with. by retrospective laws, interests which it is proper for State to recognize and protect. Immediate or fixed right to present or future enjoyment and one that does not depend on an event that is uncertain. A right complete and consummated, and of such character that it cannot be divested without the consent of the person to whom it belongs, and fixed or established, and no longer open to controversy. Messrs Mardan Industries Ltd., Sakhakot, Malakand Agency and another v. Government of Pakistan and another PLD 1965 (W.P.) Pesh. 47 and Black's Law Dictionary quoted. (b) Customs Act (IV of 1969)--- ----S. 30---Date of determination of rate of import duty---Rate of duty applicable to any imported goods shall be the rate of duty in force on the date on which a Bill of Entry is manifested--- importer, therefore, acquires a vested right, when the Bill, of Entry is manifested. (c) Customs Act (IV of 1969)--- ---S. 18---Finance Act (IV of 1999), S.18---Constitution of Pakistan (1973), Art.199---S.R.O. 116(1)/2000, dated 7th March, 2000--­Constitutional petition---Rate of duty---Determination of ---Exemption--­Provision of S.18, Finance Act, 1999 having overriding…
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