Computation Of Period Of Limitation in Limitation act : Practice MCQ Questions & Answers with Explanations

21 practice sets · Page 1 of 2

Limitation ActEasyComputation Of Period Of Limitation

Section 23 of the Limitation Act deals with:

Suits for compensation for acts not actionable without special damage

Suits for compensation for acts causing general damage

Suits for compensation for acts causing immediate damage

Suits for compensation for acts causing mental anguish

View Answer

Correct Answer: A — Suits for compensation for acts not actionable without special damage

Explanation:

Section 23 deals with suits for compensation for acts that do not give rise to a cause of action unless some specific injury actually results. Nature of the Suit: This section applies to suits for compensation for acts that do not immediately give rise to a cause of action.

Limitation ActEasyComputation Of Period Of Limitation

The limitation period for filing a suit by a person dispossessed of immovable property is

Within six months from the date of dispossession

Within six months from the date on which the petitioner comes to know of the dispossession

Within twelve months from the date of possession

Within twelve months from the date on which the petitioner comes to know of the dispossession

View Answer

Correct Answer: A — Within six months from the date of dispossession

Explanation:

Specifically, this is covered underSection 6 of the Specific Relief Act, 1963, in India. Section 6 of the Specific Relief Act deals with a suit by a person who is dispossessed of immovable property without his consent and without the authority of law.

Limitation ActEasyComputation Of Period Of Limitation

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

View Answer

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.

Limitation ActEasyComputation Of Period Of Limitation

In Limitation Act, what is included in the definition of "applicant" according to the Act?

Only the petitioner

Any person from or through whom an applicant derives his right to apply

Any person whose estate is represented by the applicant as executor, administrator, or other representative

All of the above

View Answer

Correct Answer: D — All of the above

Explanation:

Ll of the above As per Section 2(a) "applicant" includes not only the petitioner but also any person from or through whom an applicant derives his right to apply, and any person whose estate is represented by the applicant as executor, administrator, or other representative.

Limitation ActMediumComputation Of Period Of Limitation

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

View Answer

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.

Limitation ActMediumComputation Of Period Of Limitation

As per section 16 of the Limitation Act, when is the period of limitation for initiating a lawsuit or making an application computed from the time when there is a legal representative of the deceased capable of instituting such action?

When a person dies after the right to sue has accrued

When a person dies before the right to sue has accrued, but the right only arises upon their death

When a person against whom a right to sue would have accrued dies before the right accrues

Both A and B

View Answer

Correct Answer: D — Both A and B

Explanation:

Section 16 of the Limitation Act deals with the computation of the period of limitation for filing a lawsuit or making an application when a person involved in the case has died.

Limitation ActEasyComputation Of Period Of Limitation

Grounds of legal disability provided under Section 6 of the Limitation Act are:-

Minority

Idiocy

Insanity

All of these

View Answer

Correct Answer: D — All of these

Explanation:

Ll of these Section 6. 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 may institute the suit or make the application within t.

Limitation ActEasyComputation Of Period Of Limitation

What happens to the running of the period of limitation for a suit to recover a debt if letters of administration to the estate of a creditor have been granted to his debtor?

The limitation period is reset.

The limitation period is extended indefinitely.

The running of the limitation period is suspended.

The limitation period is reduced.

View Answer

Correct Answer: C — The running of the limitation period is suspended.

Explanation:

The running of the limitation period is suspended. As per Section 9, when letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.

Limitation ActEasyComputation Of Period Of Limitation

Which types of suits are exempted from the provisions of Section 16(1) and Section 16(2) of the Limitation Act?

Suits related to debt recovery.

Suits for possession of immovable property or hereditary office.

Suits for breach of contract.

Suits of all kind

View Answer

Correct Answer: B — Suits for possession of immovable property or hereditary office.

Explanation:

Section 16(3) clarifies that the provisions of Section 16(1) and Section 16(2) do not apply to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.

Limitation ActMediumComputation Of Period Of Limitation

10.

Under Limitation Act, in the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, when is the period of limitation computed from?

The time when the act causing the injury occurred

The time when the suit for compensation is filed

The time when the injury resulting from the act occurs

The time when the act causing the injury is discovered

View Answer

Correct Answer: C — The time when the injury resulting from the act occurs

Explanation:

Section 23 of the Limitation Act addresses situations where an act does not immediately give rise to a cause of action, but only does so when a specific injury resulting from the act occurs.

Limitation ActMediumComputation Of Period Of Limitation

11.

The time when the act causing the injury occurred

The time when the suit for compensation is filed

The time when the injury resulting from the act occurs

The time when the act causing the injury is discovered

View Answer

Correct Answer: C — The time when the injury resulting from the act occurs

Explanation:

Section 23 of the Limitation Act addresses situations where an act does not immediately give rise to a cause of action, but only does so when a specific injury resulting from the act occurs.

Limitation ActMediumComputation Of Period Of Limitation

12.

Statement A: In computing period of limitation for any appeal, the day from which such period is to be reckoned, shall be included.

Statement B: In computing period of Limitation for any appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded.

Statement A is correct

Statement B is correct

Both are correct

Both are incorrect.

View Answer

Correct Answer: B — Statement B is correct

Explanation:

Section 12 of Act says Exclusion of time in legal proceedings.—(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

Limitation ActEasyComputation Of Period Of Limitation

13.

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.

View Answer

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

Explanation:

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 ActEasyComputation Of Period Of Limitation

14.

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

View Answer

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

Explanation:

Limitation ActMediumComputation Of Period Of Limitation

15.

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

View Answer

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.

Limitation ActEasyComputation Of Period Of Limitation

16.

Section 23 of the Limitation Act deals with:

Suits for compensation for acts not actionable without special damage

Suits for compensation for acts causing general damage

Suits for compensation for acts causing immediate damage

Suits for compensation for acts causing mental anguish

View Answer

Correct Answer: A — Suits for compensation for acts not actionable without special damage

Explanation:

Limitation ActMediumComputation Of Period Of Limitation

17.

A stayed in the hotel of B for one week. He organised a party for his friends on 01.11.2014 the bill of which amounted to Rs. 40,000/-, He vacated his room on 05.11.2014 and settled all his bills except the bill of the party. B can sue A for the payment of Rs. 40,000/- within:

1 year from 01.11.2014

1 year from 05.11.2014

3 years from 01.11.2014

3 years from 05.11.2014

View Answer

Correct Answer: C — 3 years from 01.11.2014

Explanation:

: 3 years from 01.11.2014 3 Years from 1.11.2014, for the reason the bill was payable on 01.11.2014 and the Limitation period for the same is 3 years.

Limitation ActEasyComputation Of Period Of Limitation

18.

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

View Answer

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

Explanation:

Limitation ActMediumComputation Of Period Of Limitation

19.

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

View Answer

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.

Limitation ActEasyComputation Of Period Of Limitation

20.

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.

View Answer

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.

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