Limitation Act, 1993 MCQ Quiz - Objective Question with Answer for Limitation Act, 1993 - Download Free PDF

Temporary injunction is a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. It differs from a “temporary restraining order” which is a short-term, stop-gap injunction issued pending a hearing, at which time a temporary injunction may be ordered to be in force until trial. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or change before the legal questions are determined.

Time limitation for filing application to became legal representative due to death of defendant or respondent is Ninety days, from the death of defendant or respondent.

In cash credit account there are debits and credits and the account is a running one. The Clayton’s Rule allies and the first deposit by the borrower is applied to satisfy the first advance or withdrawal by the customer. The limitation for recovery of the outstanding amount in the cash credit account is 3 years from the last deposit made by the borrower in the account provided the pay in slip is available with the bank. The positions the same so far as overdraft account is concerned. In term loan account, the loan is payable in installments. The limitations in respect of each installment will be 3 years from the due date of payment and as such for the bank waives the defaults then the limitation will be from the last date on which the last installment was payable from which 3 years will be available. The general rule is 3 year period is available for recovery of each advance made to the borrower in case of the advances being payable on demand. In other accounts the limitation will be 3 years from the date when the bank is entitled to claim payment. In terms loans the limitation commences from each default in payment of installment. In case of waiver of default, the limitation commences from the date of last default in payment of the last installment as originally fixed, articles 37 of limitation Act will apply, official liquidator v Mohan lal (1978) 48 com case 271.

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority. Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information commission or the State information commission:

Provided that the central information commission or the state information commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

The correct answer is On Foreign Contracts

 Key Points

Section 11 of the Limitation Act addresses suits initiated in areas falling under the jurisdiction of this Act for contracts formed in the State of Jammu and Kashmir or a foreign nation. Such suits are bound by the limitation rules outlined in this Act.

Furthermore, no limitation rule in effect in the State of Jammu and Kashmir or a foreign country can serve as a defense in a lawsuit filed in the mentioned territories for a contract made in that State or in a foreign nation, except under specific conditions:

(a) The rule has led to the extinguishment of the contract.

   

(b) The parties were residents of that State or the foreign country throughout the period stipulated by the aforementioned rule.

The period for filing suits has been prescribed in Schedule to the Limitation Act 1963. Generally, it is as follows –

a. 3 years for a suit relating to accounts, contracts, declarations, decrees, suits relating to movable property, recovery of law suit under a contract etc.

b. 12 years of suits relating to possession of immovable property and 30 years for mortgaged property

c. One year for suit relating to torts (3 years for compensation in certain cases

d. 30 to 90 days in case of appeals under civil procedure code and criminal procedure code.

The correct answer is The defendant

 Key PointsUnder Section 17 of the Limitation Act 1963, where to the cause of any suit or application for which a period of limitation is prescribed by this act –

1. The suit or application is based upon the fraud of the dependant or respondent or is agent or
2. The knowledge at the right or title on which a suit or application is founded in concealed by the fraud of any such personas a foresaid or
3. The suit or application is the relief from the consequences of a mistake or
4. Where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him.

The period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake take or could, with reasonable diligence, have discovered it or in the case of a concealed document, until the plaintiff or the applicant first has the means of producing the concealed document or compelling its production.

According to the Section 5 of the Limitation Act, 1963 – any appeal or any application, other than an application under any of the provisions of order XXI of the code of civil procedure 1908, may be admitted after the prescribed period, if the appellant or the applicant satisfies the curt that he had sufficient cause for not preferring the appeal or making the application within such period.

Section 6 (legal disability) of the Limitation Act, 1963 does not apply to Appeal proceedings.

In term loan account, the loan is payable in installments. The limitations in respect of each installment will be 3 years from the due date of payment and as such for the bank waives the defaults then the limitation will be from the last date on which the last installment was payable from which 3 years period is available for recovery of each advance made to the borrower in case of the advances being payable on demand. In other accounts the limitation will be 3 years from the date when the bank is entitled to claim payment. In terms loans the limitation commences from each default in payment of installment.  In case of waiver of default, the limitation commences from the date of last default in payment of the last installment as originally fixed, section 37 of limitation Act will apply, official liquidator v Mohan Lal (1978) 48 com case 271.