Venkatarama Ayyar 1. A right of appeal was undoubtedly a
substantive right but it did not therefore, follow that it
vested in the parties ... question whether a right of appeal
in respect of a pending action could be, treated as a
substantive right vesting in the litigant
challenged inter alia on the ground that the incumbents had vested right to continue in the pay-scale in which they were already drawing their ... held that before amendment the incumbents Senior Teachers had acquired vested right to draw their pay in the formerly selection scale designed as senior scale
estate or of any rights therein or for the extinguishment or modification of any such rights shall be deemed to be void on the ground ... other similar grant; (b) the expression "rights", in relation to an estate shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure
grant and in the States of Tamil Nadu and Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held ... labourers and village artisans; (b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor
Learned counsel submitted, that the respondent-employees could not
claim a vested right, with reference to the provisions of ‘the 1999
Scheme’. In this behalf ... employee has not acquired any vested right in the
contributions made by the Society. Such a right vests in him only when he
attains
amended
law. The claimant, observed this Court, had a “vested right of action” but
not a “vested right of forum”. It also held that unless ... relating to right of action and right of
appeal even though remedial is substantive in nature.
(iii) Every litigant has a vested right in substantive
relating to right of action and right of appeal even
though remedial is substantive in nature.
(iii) Every litigant has a vested right in substantive ... doubt well settled that the right of appeal is a
substantive right and it gets vested in a litigant no sooner the lis
is commenced
complete;
established by law as a permanent right; vested interests.””
29) A statute creating vested rights is a substantive statute. This Court,
in the case ... mechanism for determining those rights and liabilities
and a machinery for enforcing them. Right of appeal being a
substantive right always acts prospectively
governed under the old Act, can
be answered only if any vested right accrued to the party. Vested rights
accrued when proceedings for enforcement ... create an expired right. If, however, the right created by the
statute is of an enduring character and has vested in the person, that
right
with retrospective
effect, the legislature has no power to take away vested rights. The
contention urged is that the rights created as a result ... enact law with retrospective effect
includes the power to take away vested rights including those which may be
created by issue of writs.
Every sovereign
