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Limitation Act: Practice MCQ Questions and Answers

Browse topic-based Limitation Act practice sets to strengthen concepts and improve problem-solving skills.

115 practice setsPage 4 of 6

5 topics

Basics74 Computation Of Period Of Limitation21 Limitation Of Suits Appeals And Applications11 Acquisition Of Ownership By Possession7+1 more

Limitation ActEasyComputation Of Period Of Limitation

61.

Under Limitation Act, who is considered an "agent duly authorized on this behalf" in the context of sections 18 and 19 when it comes to a person under disability?

Any individual willing to act on behalf of the person under disability.

Only the legal counsel appointed by the person under disability.

Lawful guardian, committee, manager, or an agent authorized by them for signing acknowledgment or making payment.

Only immediate family members of the person under disability.

Answer and explanation

Correct Answer: C — Lawful guardian, committee, manager, or an agent authorized by them for signing acknowledgment or making payment.

According to Section 20(1) , in the case of a person under disability, an "agent duly authorised in this behalf" includes the lawful guardian, committee, manager, or an agent authorized by such guardian, committee, or manager to sign the acknowledgment or make the payment.

Limitation ActEasyBasics

62.

Under which section of the Limitation Act, 1963 "Period of Limitation" has been defined?

Section 2(j)

Section 2(d)

Section 2(c)

Section 2(h)

Answer and explanation

Correct Answer: A — Section 2(j)

Section 2(j) Section 2(j)* of the Limitation Act defines: "Period of limitation" as the duration set for filing a suit, appeal, or application as specified in the Schedule. "Prescribed period" as the duration computed according to the provisions outlined in this Act for limitation.

Limitation ActEasyBasics

63.

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.

Answer and explanation

Correct Answer: B — Two years from the date the perversion first becomes known to the person injured.

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.

Limitation ActMediumBasics

64.

Where a plaintiff has been prosecuting with due diligence and in good faith, another civil proceeding, relating to the same matter in issue, in a Court which from defect of jurisdiction is unable to entertain it, the period so spent by the plaintiff is liable to be excluded in computing the period of limitation for a suit, under:

Section 12 of the Limitation Act

Section 13 of the Limitation Act

Section 14 of the Limitation Act

Section 15 of the Limitation Act

Answer and explanation

Correct Answer: C — Section 14 of the Limitation Act

Section 14 of the Limitation Act deals with the exclusion of time spent in bona fide court proceedings lacking jurisdiction.

Limitation ActEasyComputation Of Period Of Limitation

65.

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

Answer and explanation

Correct Answer: C — At every moment during which the breach or tort continues

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.

Limitation ActEasyBasics

66.

In which of the recent cases has the Supreme Court held that 'period spent bonafide prosecuting proceedings in wrong forum is to be excluded in computing period of IImitation?

A.P. Power Co-ordination Committee v. Lanco Kondapalli Power Limited (2016)

B.S. Sheshagiri Setty v. State of Karnataka (2016)

Sundaram Finance v. Noorjahan Beevi (2016)

Standard Chartered Bank v. Andhra Bank Financial Services (2016)

Answer and explanation

Correct Answer: A — A.P. Power Co-ordination Committee v. Lanco Kondapalli Power Limited (2016)

P. Power Co-ordination Committee v. Lanco Kondapalli Power Limited (2016) * Context of the Case: The case involved arbitration proceedings where the question arose regarding computation of the limitation period.

Limitation ActEasyBasics

67.

The effect of death on or before the accrual of the right to sue is provided under which section of the Limitation Act, 1963?

Section 16

Section 17

Section 18

Section 19

Answer and explanation

Correct Answer: A — Section 16

Section 16. * Section 16 of the Transfer of Property Act, 1882, provides for the Effect of death on or before the accrual of the right to sue.

Limitation ActEasyBasics

68.

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

Answer and explanation

Correct Answer: C — Both 1 and 2

. * 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.

Limitation ActEasyBasics

69.

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

Answer and explanation

Correct Answer: D — Fresh period of limitation to run at every breach of contract

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.

Limitation ActEasyMisc Provisions

70.

The period of limitation for a suit to claim compensation for false imprisonment is;

One year

Two years

Three years

Twelve years

Answer and explanation

Correct Answer: A — One year

Article 73 of the Limitation Act provides that the period of limitation for a suit for compensation for false imprisonment is one year and the period of limitation starts from the date when the imprisonment ends. What is False Imprisonment?

Limitation ActMediumBasics

71.

Assertion: The Limitation Act, 1963, allows for the acknowledgment of debt to extend the limitation period for initiating legal action to recover the debt.

Reasoning: This provision encourages debtors to acknowledge their obligations and provides creditors with an opportunity to enforce their rights within a reasonable timeframe.

Both assertion and reasoning are correct, and the reasoning explains the assertion.

Both assertion and reasoning are correct, but the reasoning does not explain the assertion.

The assertion is correct, but the reasoning is incorrect.

Both the assertion and reasoning are incorrect.

Answer and explanation

Correct Answer: A — Both assertion and reasoning are correct, and the reasoning explains the assertion.

Oth assertion and reasoning are correct, and the reasoning explains the assertion. The Limitation Act, 1963, contains provisions regarding the time limits within which legal actions must be initiated for various types of claims, including debts.

Limitation ActEasyBasics

72.

The period of three years is prescribed under Article 137 of the Limitation Act, 1963, in case where no other period of Limitation is provided for filing any:

Suit

Appeal

Application

Proceeding.

Answer and explanation

Correct Answer: C — Application

0ption 3 Article 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation is provided elsewhere in the division.

Limitation ActEasyBasics

73.

Fill in the blanks with respect to the Limitation act, 1963.

A suit is instituted in the case of a pauper, when __________.

his application for leave to sue as a pauper is made

his application for leave to sue as a pauper is accepted by the court

the plaint is presented

he is not a pauper

Answer and explanation

Correct Answer: A — his application for leave to sue as a pauper is made

His application for leave to sue as a pauper is made. * Section 3 of the Limitation Act 1963, provides for Bar of Limitation.

Limitation ActEasyBasics

74.

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.

Answer and explanation

Correct Answer: A — The plaintiff's duty is to convince the Court that the suit is within time.

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.

Limitation ActEasyBasics

75.

Which of the following is not a disability under Section 6 (Legal Disability) of the Limitation Act, 1963?

Minority

Insanity

Insolvency

Idiocy

Answer and explanation

Correct Answer: C — Insolvency

Insolvency Section 6 of the Limitation Act,1963 deals with Legal disability Legal disability —(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he ma.

Limitation ActEasyBasics

76.

What is the limitation period provided for a suit to cancel or set aside an instrument or decree or for the rescission of a contract?

two years

three years

five years

ten years

Answer and explanation

Correct Answer: B — three years

Three years. * Article 59 of the Schedule of the Limitation Act, 1963, provides for a suit to cancel or set aside an instrument or decree or for the rescission of a contract.

Limitation ActEasyBasics

77.

A suit for compensation for malicious prosecution shall be filed within ________ from the time when the plaintiff is acquitted or prosecution is otherwise terminated.

6 month

1 year

2 years

3 years

Answer and explanation

Correct Answer: B — 1 year

Under Limitation Act 1963 part 7 deals with suits relating to torts. Article 72 under Limitation Act 1963 deals with compensation for malicious prosecution.

Limitation ActEasyAcquisition Of Ownership By Possession

78.

Section 15 of the Limitation Act, 1963 excludes from computation of limitation :-

Period of notice

Time required for obtaining consent

Time required for obtaining sanction

All of the above

Answer and explanation

Correct Answer: D — All of the above

Ll of the above. * Section 15 of the Limitation Act provides for the Exclusion of time in certain other cases.

Limitation ActEasyLimitation Of Suits, Appeals And Applications

79.

Delay in filing the suit _______.

Can be condoned under Order VII, Rule 6. C.P.C.

Cannot be condoned

Can be condoned under Section 3, Limitation Act

Can be condoned under Section 5, Limitation Act

Answer and explanation

Correct Answer: B — Cannot be condoned

The statement "Delay in filing suit cannot be condoned" refers to the principle that, in legal proceedings, if a party does not file a lawsuit within a specified period, known as the "limitation period" or "statute of limitations," the delay in filing such a suit typically cannot be forgiven or over.

Limitation ActEasyBasics

80.

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.

Answer and explanation

Correct Answer: C — Three years from the date of death of the ward.

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.

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