To which of the following proceedings, the provision of Section 5 of Limitation Act does not apply?
A. An application under Order 21 of the Code of Civil Procedure
B. An application under Order 7 of the Code of Civil Procedure
C. An application under Order 41 of the Code of Civil Procedure
D. An application under Order 43 of the Code of Civil Procedure
Select an option to see the answer and solution.
In which section it is provided that, in computing the period of limitation for appeal, review or revision, the time requisite for obtaining copy of the decree or order appealed shall be excluded under
A. Section 12(a)
B. Section 12(b)
C. Section 13(c)
D. Section 14(d)
Select an option to see the answer and solution.
In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded under:
A. Section 12(1)
B. Section 12(2)
C. Section 12(3)
D. Section 12(4)
Select an option to see the answer and solution.
Which of the following is not a disability under Section 6 (legal disability) of the Limitation Act, 1963?
A. Minority
B. Insanity
C. Insolvency
D. Idiocy
Select an option to see the answer and solution.
Section 6 of Limitation Act does not apply to
A. Suits
B. Execution of a decree
C. Suits to enforce rights of pre-emption
D. None of the above
Select an option to see the answer and solution.
Which of the following conditions must be satisfied for the applicability of Section 10, Limitation Act, 1963?
A. There must be property which has become vested in a person in trust for a specific purpose
B. The suit must be against such persons or his legal representatives or assigns (not being assigns for valuable consideration)
C. The suit must be for the purpose of following in the hands of such person the trust property or its proceeds or for an account of such property or proceeds
D. All of these
Select an option to see the answer and solution.
Under section 19 the words 'prescribed period' refer to
A. The period prescribed for re-payment
B. The period prescribed for limitation by the Act
C. The period prescribed for limitation under any other enactment
D. All the above
Select an option to see the answer and solution.
Where the prescribed period for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made:
A. On the day when the Court reopens
B. On the day before the Court is closed
C. Within 10 days after the Court reopens
D. Within a reasonable time
Select an option to see the answer and solution.
Identify the correct statement
A. The Section 10 of the Indian Limitation Act, 1963 is applicable only to the situation where the appeal is already filed
B. The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where the suit or appeal is already filed and pending for disposal
C. The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where suit is to be filed
D. None of the above
Select an option to see the answer and solution.
Under section 13 of Limitation Act, the time is excluded
A. If the application for leave to sue or appeal as a pauper is allowed
B. If the application for leave to sue or appeal as a pauper is rejected
C. In both the cases
D. In none of the case
Select an option to see the answer and solution.
For the purpose of Limitation Act, a suit is instituted:
(1) in an ordinary case, when the plaint is presented to the proper officer
(2) in the case of a pauper when his application for leave to sue as a pauper is made
(3) in the case of a claim against a company which is being wound-up by the Court when the claimant first sends in the claim to the official liquidator
Which of the above are correct?
A. Only (1)
B. Only (1) and (2)
C. None of these
D. All of these
Select an option to see the answer and solution.
Can the right of free passage of air over an open space or ground be acquired by prescription?
A. Yes
B. Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith
C. In certain circumstances alone
D. None of the above
Select an option to see the answer and solution.
For the purposes of section 3, Limitation Act, 1963, limitation is checked
A. When the plaint is actually presented in the proper court
B. When the plaint is presented even in a court not competent to try the suit
C. When the plaint in presented by the part
D. All the above
Select an option to see the answer and solution.
Section 6 of Limitation Act can be availed by
A. Plaintiff(s)
B. Defendant(s)
C. Both (A) and (B)
D. None of the above
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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 limitation?
A. A. P. Power Co-ordination Committee v. Lanco Kondapalli Power Limited (2016)
B. B. S. Sheshagiri Setty v. State of Karnataka (2016)
C. Sundaram Finance v. Noorjahan Beevi (2016)
D. Standard Chartered Bank v. Andhra Bank Financial Services (2016)
Select an option to see the answer and solution.
The period of limitation for a suit, to redeem or recover possession of immovable property mortgaged, by a mortgagor, is
A. 12 years
B. 30 years
C. 6 years
D. 3 years
Select an option to see the answer and solution.
Suit against which of the following is not barred by period of limitation?
A. Trustee
B. Tenant
C. Debtor
D. Partner
Select an option to see the answer and solution.
An application for condonation of delay under section 5, Limitation Act
A. Has to be considered by the court on merits and order has to be passed with reasons
B. Has to be considered by the courts on merits-however, the order need not be passed with reasons
C. Has to be considered by the court on merits-however, the order may not be passed with reasons
D. Has to be considered by the court on merits-however, it is discretionary for the court to pass order with or without reasons
Select an option to see the answer and solution.
Under Section 15 of the Limitation Act, which of the following is not excluded in computing the limitation period:
A. The duration of the stay order
B. The day on which the stay order was issued
C. The day on which the stay order was withdrawn
D. None of the above
Select an option to see the answer and solution.
When a new party to a suit is added then can the suit qua that party be taken to be instituted from the original date of filing of the suit?
A. No. The suit is taken as filed by or against a party only when the order of impleadment is made
B. No. The suit is taken as filed by or against a party only from the date of filing of the application for impleadment
C. Yes. It is correct, provided that the court is satisfied that the omission to implead the person was due to a mistake in good faith
D. Yes, provided that when the suit was originally filed, it was filed on behalf of a minor and who after becoming a major pendente lite ratifies the filing of the suit from the original date
Select an option to see the answer and solution.