Article 233 of the Constitution
the word has been used in present perfect continuous tense, its
effect and its amplitude in the background whether ... question was raised that by reason of the use of present perfect
tense "has been" in clause (2) of Article 233 , the rules
Ishwarbhai Narayanbhai Patel vs State Of Gujarat on 22 November, 2021
Author: J. B. Pardiwala
been', is in the present perfect continuous tense. The
learned Judge held that this only indicates the past
relationship and there is no requirement
Ishwarbhai Narayanbhai Patel vs State Of Gujarat on 22 November, 2021
Author: J. B. Pardiwala
past. This is clear by use of has been. The present perfect continuous tense is used for a position which began at some time
charge is not by itself enough to determine the question of continuance of departmental and criminal proceedings simultaneously unless the charge involves complicated questions ... continuing in present. The words "has been" refer to the state of affairs as existed in past and it is a present perfect
that in the
present case, once limitation had begun to run, the same
could not be interrupted and accordingly, the present suit
which ought ... Court that the
defendant had perfected his title by adverse possession was
erroneous and the defendant in the present appeal was
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entitled to challenge
action which includes
past and present, so as to form the present perfect tense. The present
perfect tense is used when talking about experiences from ... situation that has happened in the past but is still
continuing today. In that sense of the matter, the expression 'has
constructed
mean that the person in possession has
perfected his title by way of adverse possession. In the present case, when
an order of partition ... open, notorious, exclusive and continuous for the requisite frame
of time as provided in law so that the possessor perfects his title
by adverse possession
Yogesh Nath @ Jogesh Nath vs The State Of Madhya Pradesh on 8 September, 2021
Author