74 practice sets · Page 1 of 4
Under the Limitation Act, the period of limitation for filing an application for an order to set aside an abatement is:
60 days
90 days
120 days
None of the above.
Correct Answer: A — 60 days
Explanation:
Article 121 of the Limitation Act, 1963, deals with the period of limitation for filing an application to set aside an abatement under the same Code. According to this article, thelimitation period for setting aside an abatement is 60 days from the date of abatement.
Under the Limitation Act, the period of limitation for filing a suit for compensation for false imprisonment begins to run from the time:
When imprisonment ends
When imprisonment begins
When prosecution terminates
None of the above.
Correct Answer: A — When imprisonment ends
Explanation:
Article 73 of the Indian Limitation Act, 1963, deals with the limitation period for seeking compensation for false imprisonment. According to this article, thelimitation period for filing a suit for compensation for false imprisonment is one year.
Where the prescribed period of limitation for any application is expiring on a holiday, the application:
Should be made a day prior to holiday
May be made on the day when the court re-opens
May be made within thirty days of re-opening of the court
May be made on any day after the court re-opens.
Correct Answer: B — May be made on the day when the court re-opens
Explanation:
When the prescribed period of limitation for any application is expiring on a holiday , the law allows for the application to be made on the day when the court re-opens.
In Craft Centre v. Koncherry Coir Factories (1990), what did the Kerala High Court emphasize regarding the limitation period?
The plaintiff's duty is to convince the Court that the suit is within time.
If the suit is out of time, the plaintiff is not required to plead or prove acknowledgments relied upon to save the limitations.
The provision of Section 3 regarding limitation is discretionary and not mandatory.
If a suit is barred by time, the court is not obligated to dismiss it even at the appellate stage.
Correct Answer: A — The plaintiff's duty is to convince the Court that the suit is within time.
Explanation:
In Craft Centre v. Koncherry Coir Factories (1990), the Kerala High Court emphasized that the plaintiff has the duty to convince the Court that the suit is within the limitation period.
Assertion: The acquisition of ownership by possession under Chapter IV of the Limitation Act, 1963, provides a mechanism for resolving disputes over property rights arising from long-term possession.
Reasoning: This mechanism does not promote legal certainty and stability in property transactions by recognizing and regularizing ownership based on practical realities and the passage of time.
Both A and R are true, and R is the correct explanation of A
Both A and R are true, but R is not the correct explanation of A
A is true, but R is false
A is false, but R is true
Correct Answer: C — A is true, but R is false
Explanation:
Is true, but R is false. *The assertion correctly identifies that the acquisition of ownership by possession, also known as adverse possession, offers a mechanism for resolving disputes over property rights that arise from long-term possession.
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.
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.
What is the period of limitation for a suit under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party?
Thirty days
forty-five days
sixty days
ninety days
Correct Answer: D — ninety days
Explanation:
Ninety days. * Article 120 of the Schedule of the Limitation Act, 1963, provides for a suit under the Code of Civil Procedure, 1908 (5 of 1908), to have the legalrepresentative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.
The period of limitation for filing a suit to set aside transfer of property made by a guardian of a ward, by the ward's legal representative, when the ward dies before attaining majority, is;
Three years from the date when the ward would have become major.
Three years from the date when such fact comes to the notice of the legal representative.
Three years from the date of death of the ward.
Twelve years from the date of the transfer.
Correct Answer: C — Three years from the date of death of the ward.
Explanation:
THE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] * PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS 59. To cancel or set aside an instrument or decree or for the rescission of a contract. | Three years.
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.
When a new defendant is added in the suit, the suit shall be deemed to have been instituted against him from
the date of his addition
the date of institution of the suit
the date on which issues are framed
the date on which summons are served on him
Correct Answer: A — the date of his addition
Explanation:
The date of his addition. Section 21* of the Limitation Act, 1963 deals with Effect of substituting or adding new plaintiff or defendant.
The period of limitation for filing a suit to set aside transfer of property made by a guardian of a ward, by the ward's legal representative, when the ward dies before attaining majority, is;
Three years from the date when the ward would have become major.
Three years from the date when such fact comes to the notice of the legal representative.
Three years from the date of death of the ward.
Twelve years from the date of the transfer.
Correct Answer: C — Three years from the date of death of the ward.
Explanation:
THE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] * PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS 59. To cancel or set aside an instrument or decree or for the rescission of a contract. | Three years.
Limitation period prescribed in filling a suit by a mortgagor to recover possession of immovable property mortgaged
20 years
12 years
10 years
30 years
Correct Answer: D — 30 years
Explanation:
0 years. * Article 61 of the Schedule of the Limitation Act, 1963, provides for the limitation period prescribed for filling a suit by a mortgagor to recover possession of immovable property mortgaged.
According to the ruling in Collector and Authorised Chief Settlement Commissioner v. Darshan Singh and others (AIR 1999), what stance did the court take regarding the non-availability of the case file to the State counsel or Panel lawyer?
Non-availability of the case file is considered a valid ground for condonation of inordinate delay.
Non-availability of the case file does not constitute a valid ground for condonation of inordinate delay.
Non-availability of the case file is only considered a valid ground for condonation of delay if the delay is minimal.
Non-availability of the case file is a valid ground for condonation of delay, subject to the discretion of the court.
Correct Answer: B — Non-availability of the case file does not constitute a valid ground for condonation of inordinate delay.
Explanation:
In Collector and Authorised Chief Settlement Commissioner v. Darshan Singh and others (AIR 1999) , the court held that the non-availability of the case file to the State counsel or Panel lawyer is not considered a valid ground for condonation of inordinate delay.
In case of continuous breach of contract, what shall the period of limitation be reckoned as?
3 years
1 year
2 years
Fresh period of limitation to run at every breach of contract
Correct Answer: D — Fresh period of limitation to run at every breach of contract
Explanation:
Fresh period of limitation to run at every breach of contract * In the case of a continuous breach of contract, the limitation period starts afresh with each successive breach.
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.
Section 3 of the Limitation Act, 1963 does not apply to
suits
appeals
application for leave to sue as a pauper
execution proceedings
Correct Answer: D — execution proceedings
Explanation:
execution proceedings Section 3 of the Limitation Act, 1963 relates to the Bar of limitation.
What is the limitation period for a suit by a surety against a co-surety?
one year
two years
three years
five years
Correct Answer: C — three years
Explanation:
Three years. * Article 42 of the schedule of the Limitation Act, 1963, provides for the suit By a surety against a co-surety. It states that the limitation period for a suit by a surety against a co-surety is three years from the date when the surety pays anything in excess of his own share.
Under Limitation Act, which of the following includes the term 'plaintiff'?
Any person from or through whom a plaintiff derives his right to sue
Any person whose estate is represented by the plaintiff as executor, administrator or other representative
Both 1 and 2
Only 1
Correct Answer: C — Both 1 and 2
Explanation:
. * Section 2(i) of the Limitation Act talks about 'Plaintiff '. 'Plaintiff' includes any person from or through whom a plaintiff derives his right to sue.
The period of limitation for filing a suit relating to tort against one who, having right to use property for specific purpose, perverts it to other purpose is;
One year from the date the perversion first becomes known to the person injured.
Two years from the date the perversion first becomes known to the person injured.
Three Years from the date the perversion first becomes known to the person injured.
Four years from the date the perversion first becomes known to the person injured.
Correct Answer: B — Two years from the date the perversion first becomes known to the person injured.
Explanation:
The Limitation Act, 1963 Schedule Periods of Limitation [See sections 2(j) and 3] PART VII – SUITS RELATING TO TORT 72. For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends.
