74 practice sets · Page 4 of 4
Suit against which of the following is NOT barred by period of limitation?
Trustee
Tenant
Debtor
Partner
Correct Answer: A — Trustee
Explanation:
Trustee * Position of a Trustee: A trustee holds property or assets in trust for the benefit of others (beneficiaries) and is bound by fiduciary duties. The relationship is governed by equity, not just contract.
Identify the correct statement
The Section 10 of the Indian Limitation Act, 1963 is applicable only to the situation where the appeal is already filed.
The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where the suit or appeal is already filed and pending for disposal.
The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where suit is to be filed.
None of the above
Correct Answer: D — None of the above
Explanation:
None of the above. * Section 5 of the Limitation Act, 1963, provides for the Extension of prescribed period in certain cases.
Match List I with List II and select the correct answer by using the codes given below in the list.The given list corresponds to the Law of Limitation.
A. Suit in forma pauperis | 1. Section 13
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B. Proceedings stayed by an injunction | 2. Section 14
C. Defect in jurisdiction | 3. Section 15
D. Effect of fraud on limitation | 4. Section 17
A-1, B-2, C-3, D-4
A-1, B-3. C-2, D-4
C-2, B-3, C-1, D-4
A-3, B-4, C-1, D-2
Correct Answer: B — A-1, B-3. C-2, D-4
Explanation:
-1, B-3. C-2, D-4 Section 13 : Exclusion of time in cases where leave to sue or appeal as a pauper is applied for* : In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time du.
What is the period of limitation for any other application for which no period of limitation is provided elsewhere in this Division?
one year
two years
three years
five years
Correct Answer: C — three years
Explanation:
Three years. * Article 137 of the Schedule of the Limitation Act, 1963, provides for the limitation period for any other application for which no period of limitation is provided elsewhere in this Division.
Fill in the blanks with respect to the Limitation Act, 1963:
Where the property over which a right is claimed under Section 25(1) belongs to the Government that sub-section shall be read as if for the words “twenty years" the words _________ were substituted.
ten years
thirty years
fifty years
none of the above
Correct Answer: B — thirty years
Explanation:
Thirty years. * Section 25 of the Limitation Act, 1963, provides for the Acquisition of easements by prescription.
A judgment was passed on 10/07/2002, and the decree was prepared on 25/7/2002. An application for certified copy was made on 11/7/2002 and the certified copy was ready on 01/08/2002 and the delivery of certified copy was taken on 05/08/ 2002. Under Section 12, the period of limitation to be excluded is:
11/07/2002 to 01/08/2002
11/07/2002 to 05/08/2002
10/07/2002 to 01/08/2002
10/07/2002 to 05/08/2002
Correct Answer: A — 11/07/2002 to 01/08/2002
Explanation:
A * Section 12 of the Limitation Act deals with the exclusion of certain time periods in legal proceedings when calculating the limitation period for suits, appeals, or applications. The day from which the limitation period starts is excluded when computing the total time limit.
The statutes of limitation are premised on which fundamental legal maxim?
Vigilantibus non dormientibus jura subveniunt
Actori incumbit onus probandi
Frustra probatur quod probatum non relevant
Nemo potest esse tenens et dominus
Correct Answer: A — Vigilantibus non dormientibus jura subveniunt
Explanation:
'Vigilantibus non dormientibus jura subveniunt' * Vigilantibus non dormientibus jura subveniunt: This Latin maxim translates to "the law assists those who are vigilant, not those who sleep over their rights.
Under Limitation act, Exclusion of time of proceeding bona fide in Court without jurisdiction is stipulated in:
Section 14
Section 16
Section 15
Section 13
Correct Answer: A — Section 14
Explanation:
Section 14 Section 14 of the legislation discusses the principle of not including certain periods when calculating the time limit (also known as the "period of limitation") for initiating lawsuits or applications.
According to the provisions of Limitation Act, 1963, match correctly the suit and article thereof in which period of limitation is prescribed -
Suit | Article wherein period of limitation is prescribed
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(1) | For money payable for money lent | (a) | Article 54
(2) | For arrears of rent | (b) | Article 19
(3) | For specific performance of a contract | (c) | Article 52
(4) | For forclosure by a mortgagee | (d) | Article 63
(1) - (b), (2) - (c), (3) - (d), (4) - (a)
(1) - (b), (2) - (c), (3) - (a), (4) - (d)
(1) - (c), (2) - (d), (3) - (a), (4) - (b)
(1) - (d), (2) - (b), (3) - (a), (4) - (c)
Correct Answer: B — (1) - (b), (2) - (c), (3) - (a), (4) - (d)
Explanation:
' * According to the provisions of Limitation Act, 1963: For money payable for money lent: The relevant article is Article 19, which prescribes the period of limitation for suits related to money lent.
The limitation period for initiating action where no period of limitation is prescribed anywhere is
Three years from the date on which the right to apply accrues
One year from the date on which the right to apply accrues
Anytime from the date on which the right to apply accrues
None of the above
Correct Answer: A — Three years from the date on which the right to apply accrues
Explanation:
Correct answer is A. * Article 137 of the Schedule of the Limitation Act, 1963 is a residual provision. Article 137 of the schedule of the Limitation Act provides limitation period for any other application for which no period of limitation is provided elsewhere.
What is the period of limitation for any other application for which no period of limitation is provided elsewhere in this Division?
one year
two years
three years
five years
Correct Answer: C — three years
Explanation:
Three years. * Article 137 of the Schedule of the Limitation Act, 1963, provides for the limitation period for any other application for which no period of limitation is provided elsewhere in this Division.
Continuing breaches and torts is provided under which section of the Limitation Act, 1963?
Section 20
Section 21
Section 22
Section 23
Correct Answer: C — Section 22
Explanation:
Section 22. * Section 22 of the Transfer of Property Act, 1882, provides for Continuing breaches and torts.
Fill in the blanks with respect to the Limitation Act, 1963:
Once time has begun to run, ___________________ stop/s it.
no subsequent disability or inability to institute a suit or make an application
a subsequent disability or inability to institute a suit or make an application shall
a subsequent disability or inability to institute a suit or make an application may
none of the above
Correct Answer: A — no subsequent disability or inability to institute a suit or make an application
Explanation:
No subsequent disability or inability to institute a suit or make an application. * section 9 of the Transfer of Property Act, 1882, provides for Continuous running of time.
Under the provisions of sub-section 2 of Section18 of the Limitation Act, oral evidence of the date of acknowledgment is permissible if the acknowledgment:
Is dated
Is undated
Date in acknowledgment is altered
All the above
Correct Answer: B — Is undated
Explanation:
Section 18 of the Limitation Act discusses the impact of written acknowledgments on the limitation period for suits or applications concerning property or rights: Fresh Limitation Period: If, before the expiration of the prescribed limitation period for a suit or application regarding any property o.
