Write the correct answer amongst the options
1- Application includes
Writ Petition
Interlocutory application
Petition for restoration of suit
Above all
2-Suit does not include an appeal or an application in Limitation Act
True
False
Cannot be said
Not a subject matter of limitation act
3-The Limitation Act, 1963 applies to
- proceedings before courts
- Suit before courts
- Complaint before Magistrate under Negotiable Instrument Act
- all the above.
4-The period spent in prosecuting the case before the Consumer Forum can be
partly excluded
included
excluded
partly included.
5- Under the Limitation Act, 1963, the court has no… power, outside the Act, to relieve a litigant from the provisions of the Act
general
inherent
over-riding
general or inherent or over-riding.
6- Limitation Act can be applied
- Before Criminal Court
- Before Tribunal
- Before Writ Court
- Above all are true
7- If the money suit filed within three years from the date on which cause of action arises then the suit
does not relate to Limitation Act
is not barred by limitation
is barred by limitation
depends on application for condonation of delay.
8- The Limitation Act, 1963 applies to
Civil suit
partition suit
matrimonial proceeding
in an application u/s 12 of the Domestic violence act
- All four answers are correct
- Only first three is correct
9- Delay in filing the suit
cannot be condoned
can be condoned under section 3, Limitation Act
can be condoned under Order VII, Rule 6, C.P.C.
can be condoned under section 5, Limitation Act.
10- Under section 2(1) of Limitation Act suit includes
appeal
application
both (a) and (b)
none of the above.
11- Under section 2(1) of Limitation Act suit includes
appeal
application
execution petition
none of the above.
12- All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with reference to
Gregorian Calendar
English Calendar
Roman Calendar
Indian National Calendar.
13- Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963
the sections and the articles lay down the general principles of jurisdiction
the sections and the articles prescribe the period of limitation
the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation applicable in matters provided therein
the sections prescribe the period of limitation applicable in matters provided therein ana the articles lay down the general principles of jurisdiction.
14- Section 3 Limitation Act does not apply to
suits
appeals
application
execution petition
15- Under section 3, Limitation Act, 1963, a claim by way of is treated as a cross-suit
set-off
counter-claim
set-off or counter-claim
set-off and counter-claim.
16- Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted
on the same day as the suit in which setoff is pleaded has been filed
on the day on which the set-off is pleaded
either (a) or (b) whichever is beneficial to the defendant
either (a) or (b) whichever is beneficial to the plaintiff.
17- Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted
on the same day as the suit in which counter-claim is made has been filed
on the day on which the counter-claim is made
either (a) or (b) whichever is beneficial to the defendant
either (a) or (b) whichever is beneficial to the plaintiff.
18- Section 3, Limitation Act, 1963, does not apply to
Writ petition
appeals
applications
execution proceedings.
19- The provisions of section 3, Limitation Act [ are
mandatory
directory
discretionary
optional.
20- Under section 3, Limitation Act, 1963 the court is required to consider the question of limitation
only when objection to limitation is raised by the defendant
only when the defendant does not confess judgment
only when the defendant does not admit his liability
suo motu even when the defendant has not taken any objection of limitation or has confessed judgment or has admitted this liability in the written statement.
21- A suitor, under section 3, Limitation Act, 1963 I
can be relieved of the bar of limitation on the ground of hardship, mistake or injustice
can be relieved of the bar of limitation on the ground that its application would be inconsistent with the principles of natural justice
can be relieved of the bar of limitation on the ground of equitable considerations
cannot be relieved on the ground either (a) or (b) or (c).
22- Section 3, Limitation Act is applicable to the period of limitation prescribed by any
local law
special law
both (a) and (b)
neither (a) nor (b).
23- Section 3, Limitation Act,1963 is
- an independent section in its operation and effect
- not an independent section in its operation and effect, and is subject to and controlled by sections 4 to 24
- not an independent section in its operation and effect and is subject to and controlled by sections 4 to 27
- not an independent section in its operation and effect and in respect to and controlled by sections 4 to 32.
24- For the purposes of section 3, Limitation Act, 1963, limitation is checked
when the plaint is actually presented in the proper court
when the plaint is presented even in a court not competent to try the suit
when the plaint in presented by the part
all the above.
25- A time-barred debt can be claimed
as a setoff
as a counterclaim
as a fresh suit
none of the above.
26- Under the Limitation Act, 1963, the court has no power to extend the limitation on the ground of
equitable considerations
hardship
necessary implication
either (a) or (b) or (c).
27- Section 5, Limitation Act, is
- applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and the time limit prescribed under section 34 can be extended generally
- not applicable to the proceedings under section 34, Arbitration & Conciliation Act, 1996 and the time limit prescribed under section 34 is absolute and unextendable
- applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and time limit prescribed under section 34 can be extended only in exceptional circumstances
- not applicable to the proceedings under section 34 Arbitration and Conciliation Act, 1996-however, the time limit prescribed under section 34 can be extended under inherent powers of the court.
28- An application for leave to contest the eviction proceedings before the Rent Controller attracts
section 4, Limitation Act, 1963
section 10, General Clauses Act, 1897
both (a) and (b)
either (a) or (b).
29- Section 4, Limitation Act, 1963 applies
where a certain period has been prescribed by a statute
where a certain period is fixed by agreement of parties
where a certain date is fixed by agreement of parties
all the above.
30- In order to attract section 4, Limitation Act, 1963
- the court should be closed for the whole of the day
- it is not necessary that the court should be closed for the whole day and it is sufficient if the court is Closed during any part of its normal working hours
- the court should be closed for substantial part of the day if not for the whole of the day
- the court should be closed for more than half of the normal working hours.
31- The extension of time granted by section 4, Limitation Act ,1963
can be combined with section 5, Limitation Act
can be combined with section 12, Limitation Act
can be combined with section 5 and section 12, Limitation Act
cannot be combined with section 5 and section 12, Limitation Act.
32- Section 5 of the Limitation Act applies to
- Consumer courts
- writ application
- execution
- Proceeding before Debt recovery tribunals
- all the above.
33-Section 5 of Limitation Act applies to
Application
Petition
Special Leave petition
election petitions
none of the above.
34- Limitation for Recovery of possession based on previous Title is
12 years
6 months as per specific relief act
Within three years as per specific relief Act
The Matter is Confusing and no clear answer has been provided by Apex Court.
35-In matters of condonation of delay under section 5, Limitation Act the Government, has to be accorded
treatment similar to a private citizen and no latitude is permissible
treatment stricter than a private citizen as the Government is supposed to act in a more responsible manner
treatment similar to a private citizen, however, certain amount of latitude is not impermissible
either (a) or (b).
36- For condonation of delay under section 5, Limitation Act, 1963
length of delay is the only criterion
length of delay is no matter, acceptability of the explanation is the only criterion
length of delay certainly matters apart from the acceptability of the explanation
either (a) or (c).
37- In the matters of condonation of delay under section 5, Limitation Act 1963, relating to Government
- strict proof of everyday’s delay by the Government should not be insisted upon
- strict proof of everyday’s delay by the Government should be insisted upon
- strict proof of everyday’s delay by the Government may not be insisted upon
- strict proof of everyday’s delay by the Government may be insisted upon.
38- In the matters of condonation of delay under section 5, Limitation Act, 1963, public institutions like banks should
be treated at par with private individuals
be treated at par with private institutions
be treated at par with corporate body
neither be treated at par with (a), nor (b), nor (c).
39-The delay under section 5, Limitation Act, 1963 can be condoned on
an oral application
a verbal application
a written application
either (a) or (b) or (c).
40-An application for condonation of delay under section 5, Limitation Act
has to be considered by the court on merits and order has to be passed with reasons
has to be considered by the courts on merits-however, the order need not be passed with reasons
has to be considered by the court on merits-however, the order may not be passed with reasons
has to be considered by the court on merits-however, it is discretionary for the court to pass order with or without reasons.
Section 6 of Limitation Act applies to
- suits
- execution of a decree
- both (a) and (b)
- none of the above.