Limitation Act, 1963 - Exam4 PDF

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1. Section 5 of Limitation Act applies to


A. suit B. appeal & application
C. execution D. all the above
Your answer is: D. all the above


2. Under section 21, a suit is deemed to have been instituted, in case of a new plaintiff
impleaded/added
A. on the date on which the new plaintiff is impleaded B. on the date on which the suit was initially instituted
C. on the date on which the application for impleading a D. none of the above
new plaintiff is made
Your answer is: A. on the date on which the new plaintiff is impleaded


3. Under section 3, Limitation Act, 1963 the court is required to consider the question of
limitation
A. only when objection to limitation is raised by the B. only when the defendant does not confess judgment
defendant C. only when the defendant does not admit his liability
D. 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
Your answer is: D. 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


4. Limitation for filing an appeal commences from
A. the date of judgment B. the date of signing of the decree
C. the date of application for copy of the judgment D. the date of availability of copy of the judgment
Your answer is: A. the date of judgment


5. What is the meaning of Ad-volerum
A. Fixed Value B. Variable Value
C. Based on the Value of the Property D. Based on value decided by parties
Your answer is: C. Based on the Value of the Property


6. In a typical valuation assignment, which type of value is of greatest importance to a
valuer?
A. Market value B. Sentimental value
C. Predetermine value by client D. Effective value
Your answer is: A. Market value


7. Under the Limitation Act, 1963, the court has no power to extend the limitation on the
ground of
A. equitable considerations B. hardship
C. necessary implication D. either (a) or (b) or (c)
Your answer is: D. either (a) or (b) or (c)


8. Section 3 Limitation Act does not apply to
A. suits B. appeals
C. application D. execution
Your answer is: D. execution

9. Which of the following statements is correct as regards the sections and the articles in the
Limitation Act, 1963
A. the sections and the articles lay down the general B. the sections and the articles prescribe the period of
principles of jurisdiction limitation
C. the sections lay down the general principles of D. the sections prescribe the period of limitation applicable
jurisdiction and the articles prescribe the period of in matters provided therein ana the articles lay down the
limitation applicable in matters provided therein general principles of jurisdiction
Your answer is: C. the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation
applicable in matters provided therein


10. Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been
instituted
A. on the same day as the suit in which counter-claim is B. on the day on which the counter-claim is made
made has been filed C. either (a) or (b) whichever is beneficial to the defendant
D. either (a) or (b) whichever is beneficial to the plaintiff
Your answer is: B. on the day on which the counter-claim is made


11. Section 6 of Limitation Act applies to
A. suits B. execution of a decree
C. both (a) and (b) D. none of the above
Your answer is: C. both (a) and (b)


12. If the money suit filed within three years from the date on which cause of action arises
then the suit
A. does not relate to Limitation Act B. is not barred by limitation
C. is barred by limitation D. depends on application for condonation of delay
Your answer is: B. is not barred by limitation


13. The money, labour and material are the ______to build a property.
A. Collateral B. Cost
C. Price D. Value
Your answer is: B. Cost


14. Under section 25 the easement rights are acquired by continuous & uninterrupted user
A. for 12 years B. for 20 years
C. for 30 years D. for 3 years
Your answer is: B. for 20 years


15. Under section 3, Limitation Act, 1963, a claim by way of is treated as a cross-suit
A. set-off B. counter-claim
C. set-off or counter-claim D. none of the above
Your answer is: C. set-off or counter-claim


16. Legal disabilities are
A. minority B. insanity
C. idiocy D. all the above
Your answer is: D. all the above


17. Which is correct
A. limitation bars the judicial remedy B. limitation extinguishes the right
C. limitation is a substantive law D. limitation bars the extra judicial remedies
Your answer is: C. limitation is a substantive law

18. Time requisite under section 12(2) of Limitation Act means
A. minimum time B. maximum time
C. actual time taken D. absolutely necessary time
Your answer is: C. actual time taken


19. Section 21 does not apply in
A. cases of adding of a new plaintiff for the first time B. cases of adding of a new defendant for the first time
C. cases of transposition of parties D. neither (a) nor (b) nor (c)
Your answer is: C. cases of transposition of parties


20. Under section 13 of Limitation Act, the time is excluded
A. if the application for leave to sue or appeal as a pauper B. if the application for leave to sue or appeal as a pauper
is allowed is rejected
C. in both the cases D. Only in (a)
Your answer is: C. in both the cases


21. In the matters of condonation of delay under section 5, Limitation Act, 1963, public
institutions like banks should
A. be treated at par with private individuals B. be treated at par with private institutions
C. be treated at par with corporate body D. neither be treated at par with (a), nor (b), nor (c)
Your answer is: A. be treated at par with private individuals


22. A suitor, under section 3, Limitation Act, 1963
A. can be relieved of the bar of limitation on the ground of B. can be relieved of the bar of limitation on the ground
hardship, mistake or injustice that its application would be inconsistent with the
principles of natural justice
C. can be relieved of the bar of limitation on the ground of D. cannot be relieved on the ground either (a) or (b) or (c)
equitable considerations
Your answer is: D. cannot be relieved on the ground either (a) or (b) or (c)


23. Section 5, Limitation Act 1963, can
A. be availed of for the purposes of extending the period of B. be availed of for the purposes of extending the period of
limitation prescribed by any local law unless such focal limitation prescribed by any special law unless such
law excludes the applicability of section 5 special law excludes the applicability of section 5
C. not be availed for the purposes of extending the period D. (a) and (b) both
or limitation prescribed by any local or special law unless
such local or special law expressly makes section 5,
Limitation Act applicable
Your answer is: D. (a) and (b) both


24. In case of resale of the flat, who is required to pay the stamp duty the purchaser or the
seller?
A. Buyer B. Seller
C. Both of the above D. As per agreement between the parties
Your answer is: D. As per agreement between the parties


25. The Limitation Act, 1963 applies to
A. proceedings before courts B. proceedings before an executive authority
C. proceedings before a quasi-judicial tribunal D. all the above
Your answer is: A. proceedings before courts

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