Limitation Act MCQ question and answer

31

Under Sec. 18 of the Limitation Act, 1963 fresh period of limitation has to be computed from the date of

A) Expiry of half of the extended period of limitation B) Delivering the acknowledgement C) Signing of the acknowledgement D) Expiry of the initial period of limitation

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Answer & Solution

Answer: Option C

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32

In computing the period of limitation for application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded under

A) Section 12(1) Limitation Act, 1963 B) Section 12(2) Limitation Act, 1963 C) Section 12(3) Limitation Act, 1963 D) Section 12(4) Limitation Act, 1963

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Answer & Solution

Answer: Option D

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33

Under section 5 of Limitation Act

A) The non-filing during the period of limitation has to be explained B) Non-filing during the entire period from the starting day of limitation till the filing of application has to be explained C) The non-filing from the date of expiry of limitation till the date of filing has to be explained D) Either (B) or (C)

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Answer & Solution

Answer: Option C

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34

If limitation for filing of an application is three months and the cause of action arises on 1^st January of the year the last date for filing of the application would be given that the year is a leap year

A) 31^st March B) 1^st April C) 30^th March D) Neither of the dates is correct

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Answer & Solution

Answer: Option A

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35

The provision relating to Bar of limitation is contained in Section

A) 2 of the Limitation Act B) 4 of the Limitation Act C) 5 of the Limitation Act D) 6 of the Limitation Act E) 3 of the Limitation Act

Discuss

Answer & Solution

Answer: Option E

Solution:

The correct option is "Section 3 of the Limitation Act".

The Bar of limitation is specifically provided under Section 3 of the Limitation Act, 1963.

This section mandates that every suit, appeal, or application filed after the prescribed period of limitation shall be dismissed, even if limitation has not been set up as a defense by the defendant.

The object of this provision is to prevent stale claims from being litigated and to ensure legal certainty by requiring parties to exercise their rights within the prescribed time limits.

Why not the others?

Section 2 contains definitions, not the bar of limitation.

Section 4 deals with expiry of limitation when the court is closed.

Section 5 provides for extension of prescribed period in certain cases (condonation of delay).

Section 6 relates to legal disability and its effect on limitation.

Therefore, the correct answer is Section 3 of the Limitation Act.

36

Period of limitation for execution of a decree is:

A) 3 years B) 12 years C) 30 years D) 60 years

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Answer & Solution

Answer: Option B

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37

The period of limitation for suits relating to contracts is:

A) 3 years B) 5 years C) 7 years D) 11 years

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Answer & Solution

Answer: Option A

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38

Condonation of delay under Section 5 of Limitation Act

A) Can be claimed as a matter of right B) Is a matter of discretion of the court C) Sufficient causes for the delay has to be shown D) None of the above

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Answer & Solution

Answer: Option C

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39

In England, the law of limitation can be

A) Waived by the party entitled to the benefit thereof B) Is indefinite & flexible C) Is variable D) All the above

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Answer & Solution

Answer: Option D

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40

The right to access and use of light or air shall be absolute and indefeasible where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right without interruption for:

A) One year B) Three years C) Five years D) Twenty years

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Answer & Solution

Answer: Option D

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Limitation Act MCQ question and answer | Law MCQ question