Limitation Act - Practice Test

[#226] In computing the period of limitation for an appeal the time required for taking the copy of decree or judgment is excluded:

(A) If an application has been made

(B) Even if an application has not been made

(C) Either (A) or (B)

(D) None of the above

Correct Answer

(A) If an application has been made

[#227] The correct position regarding law of limitation would be

(A) A suit would be dismissed for want of limitation only if the defendant has raised the objection as to limitation

(B) The court has the discretionary jurisdiction to frame preliminary issue of limitation and proceed with the suit if the claim of the plaintiff is otherwise good on merits

(C) The defendant can waive off his claim for dismissal of the suit on the grounds of limitation and seek adjudication of the dispute upon which the court would proceed to adjudicate upon the dispute

(D) The court would dismiss the suit if the delay is otherwise not condonable in accordance with the provisions of the Limitation Act, 1963

Correct Answer

(D) The court would dismiss the suit if the delay is otherwise not condonable in accordance with the provisions of the Limitation Act, 1963

[#228] Specific purpose' refers to which of the following?

(A) A purpose that is either actually or specifically designed in the terms in which the trust is created

(B) A purpose which from the specified terms can be certainly affirmed

(C) Either (A) or (B)

(D) None of these

Correct Answer

(C) Either (A) or (B)

[#229] Read the following statements: (1) The Supreme Court in N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123 refuse to condone the delay on the ground of sufficient cause (2) In the case of R. B. Ramalingum v. R. B. Bhuwaneshwari, (2009) 2 SCC 689, the Supreme Court observed that the test of sufficient cause is purely an individuals test of the above:

(A) (1) is true but (2) is false

(B) (1) is false but (2) is true

(C) Both (1) and (2) are true

(D) Both (1) and (2) are false

Correct Answer

(B) (1) is false but (2) is true

[#230] The delay of 105 days beyond the prescribed time in applying for setting aside of the Arbitral Award pursuant to an Arbitration Agreement dated 1 st November, 2017

(A) Is condonable under Section 5 of the Limitation Act, 1963

(B) Is not condonable

(C) Is condonable under the Arbitration & Conciliation Act

(D) Is condonable under Section 5 of the Limitation Act read with the Arbitration & Conciliation Act

Correct Answer

(B) Is not condonable

Limitation Act - Study Mode

[#226] In computing the period of limitation for an appeal the time required for taking the copy of decree or judgment is excluded:

Correct Answer

[#227] The correct position regarding law of limitation would be

Correct Answer

[#228] Specific purpose' refers to which of the following?

Correct Answer

Correct Answer

[#230] The delay of 105 days beyond the prescribed time in applying for setting aside of the Arbitral Award pursuant to an Arbitration Agreement dated 1 st November, 2017

Correct Answer