Limitation Act MCQ Quiz - Objective Question with Answer for Limitation Act - Download Free PDF

The correct answer is '04.04.2020'

Key Points

• Explanation of the correct answer:
  • The fifteen days' time for the termination of the tenancy starts from the date the notice is received by the tenant, which in this case is 04.04.2020.
  • According to the legal principles governing tenancy and notice periods, the effective start date for any notice period is the date on which the tenant actually receives the notice.

Additional Information

• Other options explained:
  • 01.02.2019:
    • This date refers to the date when the rent agreement was signed, which is irrelevant to the notice period for terminating the tenancy.
  • 01.04.2020:
    • This is the date on which the notice was issued by the landlord, but the notice period does not start until the tenant actually receives the notice.
  • Any of the above:
    • This option is incorrect because the notice period can only start from the date the notice is received by the tenant, not any arbitrary date.

The correct answer is 'OPTION 1.'

Key Points

• Article 94 of the Limitation Act, 1963:
  • Article 94 of the Limitation Act, 1963, provides for the limitation period for suits relating to public charities and trusts, including religious endowments.
  • It specifies a limitation period of 12 years for a suit to obtain a declaration that an alleged adoption is invalid, or to establish a right to adopt.
  • This article is applicable to various religious and charitable endowments including Hindu, Muslim, and Buddhist endowments.

Additional Information

• Hindu religious endowment:
  • These are charitable institutions established for religious and charitable purposes as per Hindu law.
  • They are governed by various state-specific and central laws that address issues related to management and administration.
• Muslim religious endowment:
  • Known as Wakfs, these are properties dedicated for religious or charitable purposes as per Islamic law.
  • The Wakf Act regulates these endowments, including their administration and management.
• Buddhist charitable endowment:
  • These endowments are established for charitable and religious purposes as per Buddhist traditions and practices.
  • They are governed by laws that ensure their proper management and administration.
• Christian religious endowment:
  • These endowments are properties dedicated for religious or charitable purposes as per Christian traditions.
  • While they also fall under the broad umbrella of charitable endowments, they are not specifically mentioned in Article 94 of the Limitation Act, 1963.

The correct answer is 'OPTION 2.'

Key Points

• Article 27 of the Limitation Act, 1963:
  • Article 27 of the Limitation Act, 1963, specifies the period of limitation for a suit for the recovery of possession of immovable property based on the title.
  • The limitation period under Article 27 is three years from the date of dispossession.
  • This provision aims to encourage claimants to seek legal remedy promptly and avoid prolonged litigation.

Additional Information

• One year:
  • One year is generally the limitation period for certain types of suits, such as those for compensation for libel and slander.
  • However, it is not applicable for the recovery of possession of immovable property under Article 27.
• Five years:
  • Five years is not a standard limitation period under the Limitation Act, 1963, for the recovery of possession of immovable property.
  • Different types of claims have specific limitation periods, but five years is not relevant in this context.
• Both – One year and Three Years:
  • This option is incorrect as the limitation period for a suit for the recovery of possession of immovable property is specifically three years under Article 27, not a combination of one year and three years.

The correct answer is 'Cheque'

Key Points

• Section 2 of the Limitation Act, 1963:
  • Section 2 of the Limitation Act, 1963 provides definitions of various legal terms relevant to the Act.
  • The terms "Bill of Exchange," "Bond," and "Promissory Note" are specifically defined under this section.
  • However, "Cheque" is not defined under Section 2 of the Limitation Act, making it the correct answer.

Additional Information

• Bill of Exchange:
  • A Bill of Exchange is a negotiable instrument that directs a party to pay a specified sum to another party.
  • It is defined under Section 2 of the Limitation Act.
• Bond:
  • A Bond is a formal legal instrument that acknowledges a debt obligation and is also included in Section 2.
  • It is often used in commercial and governmental financial transactions.
• Promissory Note:
  • A Promissory Note is a written promise by one party to pay a definite sum of money to another.
  • This is also specifically defined under Section 2 of the Limitation Act.

The correct answer is 'OPTION 2.'

Key Points

• Delay in filing the suit:
  • The Limitation Act, 1963, specifies the time limits within which certain types of legal actions must be initiated.
  • If a suit is filed after the prescribed limitation period, it is generally barred, meaning the court does not have the jurisdiction to hear the suit.
  • Section 3 of the Limitation Act mandates that every suit instituted after the prescribed period shall be dismissed, even if the limitation defense has not been set up.

Additional Information

• Option 1: Can be condoned under Section 5 of the Limitation Act:
  • Section 5 of the Limitation Act provides for the extension of the prescribed period in certain cases, but it applies primarily to appeals and applications, not to the initial filing of suits.
• Option 3: Can be condoned under Article 137 of the Limitation Act:
  • Article 137 pertains to applications to courts under the Civil Procedure Code, not to the filing of suits.
  • This option is incorrect because it does not apply to the initiation of suits.
• Option 4: Can be condoned on showing sufficient cause to the Court:
  • While showing sufficient cause can be a reason for condonation in some cases, the general rule is that suits filed beyond the limitation period cannot be condoned.
  • This is because the Limitation Act is strict about the time limits for initiating suits to ensure legal certainty and avoid stale claims.

The correct answer is option 1Key Points

• 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.
• (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
• (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.
• Explanation.—For the purposes of this section:
  • (a) An acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right,
  • (b) The word “signed” means signed either personally or by an agent duly authorised in this behalf, and
  • (c) An application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

Correct answer is Option 1.

Key Points 

• Article 137 of the Schedule of the Limitation Act, 1963 is a residual provision.
• Article 137 of the schedule of the Limitation Act provides limitation period for any other application for which no period of limitation is provided elsewhere. In these cases, the period of limitation is provided is three years from the date on which the right to apply arose.
• "Period of limitation" is defined under section 2(j) of the Limitation Act as the period of limitation prescribed for filing of any suit, appeal or application by the Schedule. 
• "Prescribed period" is also defined under section 2(j) of the Limitation Act as the period of limitation computed in accordance with provision of the Limitation Act. The rules of Computation of period of limitation is provided in Part III, from Section 12 to Section 24 of the Limitation Act.
• The Law of limitation is an adjective law, Lex fori and procedural law.
• The bar of limitation only exhaust the remedy not the right.

The correct answer is Option 2.

Key Points

The Limitation Act, 1963

Schedule
Periods of Limitation
[See sections 2(j) and 3]

PART VII – SUITS RELATING TO TORT

The correct answer is Option 3.

Key PointsTHE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] 

PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS

The correct answer is option 2.Key Points

• Section 3 of limitation Act 1963 deals with Bar of limitation.
• (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
• (2) For the purposes of this Act:
• (a) A suit is instituted,—
  • (i) In an ordinary case, when the plaint is presented to the proper officer;
  • (ii) In the case of a pauper, when his application for leave to sue as a pauper is made; and
  • (iii) In the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator;
• (b) Any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted:
  • (i) In the case of a set off, on the same date as the suit in which the set off is pleaded;
  • (ii) In the case of a counter claim, on the date on which the counter claim is made in court;
• (c) An application by notice of motion in a High Court is made when the application is presented to the proper officer of that court.

The correct answer is option 2.

Key Points

•  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.
  (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
  (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment shall also be excluded.
  (4) 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.
  Explanation.—In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.
• Exclusion of the Day of Judgment Pronouncement: The day on which the judgment (from which the appeal is being made) was officially pronounced or delivered is not counted as part of the limitation period. This means that the countdown for the limitation period starts the day after the judgment is pronounced. This provision ensures that the entire day of judgment is not counted against the aggrieved party, giving them the full statutory period to file an appeal.

  Exclusion of Time Requisite for Obtaining a Copy of the Decree: The second part of the sentence acknowledges that an appellant needs a certified copy of the decree, sentence, or order to file an appeal. Recognizing the practical necessity of obtaining these documents, the law allows the exclusion of the time taken to obtain the certified copy of the decree or order from the computation of the limitation period. This provision ensures that administrative delays in obtaining necessary documents do not disadvantage the appellants.

The correct answer is 0ption 3 

Key PointsArticle 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation is provided elsewhere in the division.

The correct answer is option 1.Key Points

•  Article 121 of the Limitation Act, 1963, deals with the period of limitation for filing an application to set aside an abatement under the same Code.
• According to this article, the limitation period for setting aside an abatement is 60 days from the date of abatement.
• Abatement occurs when a legal proceeding or case is terminated prematurely due to the death of a party involved. If a party wishes to revive or continue the legal proceedings after abatement, they must file an application to set aside the abatement within the prescribed time limit of 60 days from the date of abatement.

The correct answer is option 1.Key Points

•  Article 73 of the Indian Limitation Act, 1963, deals with the limitation period for seeking compensation for false imprisonment.
• According to this article, the limitation period for filing a suit for compensation for false imprisonment is one year.
• This one-year period begins from the date when the imprisonment ends.
• False imprisonment refers to the unlawful restraint or confinement of an individual without legal justification or authority. If someone has been wrongfully detained or imprisoned, they have the right to seek compensation for the harm and damages suffered as a result of the false imprisonment.

The correct answer is option 2.Key Points

•  When the prescribed period of limitation for any application is expiring on a holiday, the law allows for the application to be made on the day when the court re-opens.
• This provision ensures that individuals have a fair opportunity to file their applications and legal documents within the specified time frame, even if the last day falls on a holiday.
• Section 4 of Limitation Act 1963 deals with expiry of prescribed period when court is closed.
• 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 on the day when the court re-opens.
• Explanation.—A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.