Browse topic-based Limitation act practice sets.
115 practice sets · Page 6 of 6
Which section of the Limitation Act deals with the 'Continuous running of time'?
Section 7
Section 8
Section 9
Section 10
Correct Answer: C — Section 9
Explanation:
Section 9 of the Limitation Act deals with the Continuous running of time. It states that once the time period within which a lawsuit or application can be filed has begun, any subsequent disability or inability to initiate such legal action does not stop the running of this time period.
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.
In the case of a continuing breach of contract or a continuing tort, when does a fresh period of limitation begin to run?
Only when the breach or tort is initially discovered
At the time when the breach or tort first occurs
At every moment during which the breach or tort continues
Only when legal action is first considered
Correct Answer: C — At every moment during which the breach or tort continues
Explanation:
Section 22 of the Limitation Act deals with Continuing breaches and torts. Continuing Breach of Contract or Tort: Applies when a breach of contract or a tort (civil wrong) is ongoing and not a one-time occurrence.
As per section 13 of the Limitation Act, in cases where an application for leave to sue or appeal as a pauper has been made and rejected, how is the period of limitation for the suit or appeal computed?
The period of limitation is extended by the duration during which the applicant has been prosecuting the application for such leave in good faith
The period of limitation is not affected by the rejection of the application for leave to sue or appeal as a pauper
The period of limitation is reduced by the duration during which the applicant has been prosecuting the application for such leave
The period of limitation is extended only if the applicant pays the court fees prescribed for the suit or appeal
Correct Answer: A — The period of limitation is extended by the duration during which the applicant has been prosecuting the application for such leave in good faith
Explanation:
Section 13 deals with cases where an individual has applied for permission to sue or appeal as a pauper (someone who is too poor to afford the court fees) but their application has been rejected.
Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application:
Is of no effect
Gives rise to an independent & enforceable contract
Is of great value
None of the above.
Correct Answer: A — Is of no effect
Explanation:
Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application Is of no effect. Section 18 of Limitation Act 1963 deals with effect of acknowledgment in writing.
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
---|---
(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.
Section 3 and Section 14 of Limitation Act are -
Both independent and not mutually exclusive
Mutually exclusive of each other
Neither independent nor mutually exclusive
None of the above
Correct Answer: A — Both independent and not mutually exclusive
Explanation:
Oth independent and not mutually exclusive * Section 3 provides for the Bar of limitation.
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.
Section 5 of the Limitation Act, 1963 does not extend to:
Petitions for divorce under the Hindu Marriage Act, 1956
Application under Order 21 CPC
Suits
All of the above.
Correct Answer: D — All of the above.
Explanation:
Ll of the above Section 5. Extension of Prescribed Period under Certain Circumstances: In situations not involving applications under any provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), any appeal or application may be considered beyond the prescribed period if the appellan.
In the computation of the period for claiming an easement, when will the time during which the easement was enjoyed be excluded?
If the easement has been enjoyed for more than twenty years
If the land or water has been held under an interest for life or in terms of years exceeding three years
If the claim is resisted by the person entitled to the land or water within three years after the determination of the interest or term
If the easement is claimed by the person who originally granted the interest or term
Correct Answer: B — If the land or water has been held under an interest for life or in terms of years exceeding three years
Explanation:
Section 26 of the Limitation Act deals with the 'exclusion in favour of reversioner of serivent tenement'. Easement : An easement is a right to use someone else's land for a specific purpose, such as a right of way or a right to light.
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.
Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application:
Is of no effect
Gives rise to an independent & enforceable contract
Is of great value
None of the above.
Correct Answer: A — Is of no effect
Explanation:
Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application Is of no effect. Section 18 of Limitation Act 1963 deals with effect of acknowledgment in writing.
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.
