Essential elements of a legal right stated :

  2023 P L C (CS) 103

Civil Procedure Code ( V of 1908 ) ---

-0.XXXIX , Rr.1 & 2 --- Injunctive order --- Effect --- When an injunctive order is passed the same is to be considered after application of mind while considering facts and circumstances of case --- Such order remains in field till final adjudication or till its recalling or vacating order has been passed by Court .

Jurisprudence ---

--- Legal right ---

Essential elements of a legal right stated :

i . It is vested in a person who may be distinguished as owner of the right , the subject of it , the person entitled ;

ii . A person against whom the right avails and upon whom correlative duties lie , he may be distinguished as the person bound or as the subject of duty ;

iii . An act or omission which is obligatory on a person in favour of the person entitled . This may be termed the content of the right ;

iv . Something to which the act or omission relates and which may be termed the object or subject matter of the right ; and

v. A title that is to say , certain facts or events by reason of which the right has become vested in its owner .

Constitution of Pakistan ---

---- Art . 199 ( 1 ) ( b ) ( ii ) --- Writ of quo warranto --- Object , purpose and scope -- Writ of quo warranto is in nature of laying information before Court , against the person who claims and usurps an office , franchise or liberty , requesting for holding an ' inquiry to enable him to show the authority under which he supported his claim to office , franchise or liberty --- Object of writ of quo warranto is to determine the illegality of holder of statutory or constitutional office and decide whether he was holding such office in accordance with law or was unauthorized in occupying the public office .

Interpretation of statutes ---

---- Deeming clause --- Scope --- Deeming clause is known as a legal fiction , which is not an actual reality but law recognizes the same and Court accepts it as a reality --- In case of a legal fiction , Court believes something to exist which in reality does not exist ; it is nothing but presumption of existence of state of affairs which in actuality is non existent --- Fact of such legal fiction is that a position which otherwise would not be obtained is deemed to be obtained under the circumstances --- Purpose of importing deeming clause is to place artificial construction upon a word / phrase that would not otherwise prevail and sometimes it is to make the construction certain --- Deeming clause is a fiction and cannot be extended beyond language of the section by which it is created or by importing another fiction .

Constitution of Pakistan ---

---- Arts . 7 & 8 --- Fundamental Rights State -- Scope - State is prohibited under Art.8 of the Constitution from enacting a law which takes away fundamental right conferred upon a citizen --- State defined in Art.7 of the Constitution includes the Parliament i.e. Legislature , as part of the State

Jurisprudence ---

-Vested right --- Scope --- Right that so completely and definitely belongs to a person that it cannot be impaired or taken away without the person's , consent is known to be a vested right --- Such right is absolute , complete and unconditional to exercise of which no obstacle exists and which is immediate and perfect in itself and not dependent upon a contingency .

Interpretation of statutes ---

---- Legislative intent --- Court , function of --- Scope --- Function of Court is to discover true legislative intent while interpreting a statute --- Words have to be given a clear , plain , unambiguous and reasonable meaning irrespective of the consequences --- Words used by Legislature in any enactment or provision must be expounded in their natural or ordinary sense --- When language is unambiguous and reflects only one meaning , no question of construction of statute arises , as the Act speaks for itself --- Courts are not concerned with the policy involved or that the results are injurious or otherwise , which may follow from giving effect . to the language used --- If words used are capable of one construction only then it would not be open to Court to adopt any other hypothetical construction on the ground that such construction is more consistent with alleged object and policy of the Act --- In considering whether there is ambiguity , the Court must look at the statute as a whole and consider appropriateness of meaning in a particular context avoiding absurdity and inconsistencies or unreasonableness which may render the statute unconstitutional