0

Specific Relief Act and Limitation Act Test - 3

Description: Specific Relief Act and Limitation Act Test 3
Number of Questions: 15
Created by:
Tags: Specific Relief Act and Limitation Act Test 3 Specific Relief and Limitation law
Attempted 0/15 Correct 0 Score 0

Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water or any other easement, which have been peaceably enjoyed without interruption for ______ shall be absolute and indefeasible if the property belongs to the government.

  1. 20 years

  2. 30 years

  3. 12 years

  4. 3 years


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water or any other easement, which have been peaceably enjoyed without interruption for 30 years shall be absolute and indefeasible if the property belongs to the government. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

The specific performance of a contract shall be sought within __________ from the date fixed for the performance or if no such date is fixed, when the plaintiff has noticed that performance is refused.

  1. 1 year

  2. 3 years

  3. 12 years

  4. 20 years


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Article 54 of Limitation Act, the specific performance of a contract shall be sought within 3 years from the date fixed for the performance. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

For an account and a share of profits of a dissolved partnership, the period of limitation is _______ from the date of dissolution.

  1. 2 years

  2. 3 years

  3. 12 years

  4. 30 years

  5. 6 months


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Article 5 of Limitation Act, the period of limitation for an account and a share of profits of a dissolved partnership is 3 years. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision 

‘Time requisite’ under Section 12(2) of the Limitation Act means

  1. absolutely necessary time

  2. actual time taken

  3. maximum time

  4. minimum time

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: It doesn’t mean absolute necessary time. Option (2) is correct: ‘Time requisite’ under Section 12(2) of the Limitation Act means actual time taken. Option (3) is incorrect: It doesn’t mean maximum time taken. Option (4) is incorrect: It doesn’t talk about minimum time taken.

In computing the period of limitation for an appeal, a review or a revision, the time requisite for obtaining a copy of the decree or the order appealed against shall be excluded under

  1. Section 11(1)

  2. Section 12(2)

  3. Section 13(3)

  4. Section 14(4)


Correct Option: B
Explanation:

Option (1) is incorrect: Section 11 of Limitation Act deals with suits on contracts entered into outside the territories to which the Act extends. Option (2) is correct: 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. Option (3) is incorrect: Section 13 of Limitation Act deals with exclusion of time in cases where leave to sue or appeal as a pauper is applied for. Option (4) is incorrect: Section 14 of Limitation Act deals with exclusion of time of proceeding bona fide in court without jurisdiction.

For any suit for which no period of limitation is provided elsewhere in the schedule of the Act, the limitation would be

  1. one year

  2. three years

  3. five years

  4. twelve years

  5. No limitation


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: For any suit for which no period of limitation is provided elsewhere in the schedule of the Act, the limitation would be three years. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

Continuous running of time refers to the condition

  1. where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it

  2. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it

  3. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided the court grant leave

  4. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, depends on the facts and circumstances of the case.

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Section 9 of Limitation Act provides where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it. Option (2) is incorrect: No such provision Option (3) is incorrect: Where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it, although court grants leave. Option (4) is incorrect: Option (1) is correct.

Which of the following shall be counted for computation of period of limitation?

  1. The day from which the period is to be counted

  2. Time taken by the advocate to prepare memorandum of appeal

  3. Time taken to obtain copy of judgement/order/award

  4. Time taken for obtaining leave to sue as an indigent person


Correct Option: C
Explanation:

Option (1) is incorrect: The day from which the period is to be counted shall not be counted for computation of period of limitation. Option (2) is incorrect: Time taken by the advocate to prepare memorandum of appeal shall not be counted for computation of period of limitation. Option (3) is correct: As per provisions of Section 12 of the Limitation Act, 1963, time taken to obtain copy of judgement/order/award shall be counted for computation of period of limitation. Option (4) is incorrect: Time taken for obtaining leave to sue as an indigent person shall not be counted for computation of period of limitation.

The provisions of Section 5 of the Act (Extension of prescribed period) are not applicable to

  1. appeals

  2. revisions

  3. applications

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to appeals. Option (2) is correct: Starting words of Section 5 states that provisions of this section are applicable only to appeal or any application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Option (3) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to applications. Option (4) is incorrect: Option (2) is correct.

Section 17 of the Limitation Act does not take _______ within its ambit.

  1. an appeal

  2. an execution application

  3. a suit

  4. All of the above


Correct Option: A
Explanation:

Option (1) is correct: Section 17 of the Limitation Act does not take this within its ambit. Option (2) is incorrect: Section 17 of the Limitation Act deals with not only an execution application but also a suit. Option (3) is incorrect: Section 17 of the Limitation Act deals with not only a suit but also an execution application. Option (4) is incorrect: Only option (1) is correct.

What does Section 17 of the Limitation Act take within its ambit?

  1. Concealments

  2. Frauds

  3. Mistakes

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Section 17 of the Limitation Act takes within its ambit concealments, fraud and mistakes. Option (2) is incorrect: Section 17 of the Limitation Act takes within its ambit concealments, fraud and mistakes.  Option (3) is incorrect: Section 17 of the Limitation Act takes within its ambit concealments, fraud and mistakes. Option (4) is correct: Section 17 of the Limitation Act takes within its ambit concealments, fraud and mistakes.

The period of limitation for setting aside a sale on execution of a decree is

  1. 30 days

  2. 45 days

  3. 60 days

  4. 90 days

  5. 180 days


Correct Option: A
Explanation:

Option (1) is correct: Under Article 127 of Limitation Act, the period of limitation for setting aside a sale on execution of a decree is 30 days.

When no date for performance of a contract is fixed, from which time would the period of limitation to file suit for specific performance of contract start?

  1. The date of contract

  2. The date on which the contract was written

  3. The date when the plaintiff has noticed that performance is refused

  4. Any of above

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Not from the date of contract Option (2) is incorrect: Not from the date on which the contract was written Option (3) is correct: Under Article 54 of Indian Limitation Act, 1963, if no date for performance of a contract is fixed, then the time period of limitation to file suit for specific performance of contract would start from the date when the plaintiff has noticed that the performance is refused. Option (4) is correct: Option (3) is correct.

What is legal disability under the Limitation Act?

  1. Permanent physical disability

  2. Partial but serious physical disability

  3. Disability due to poverty

  4. None of these


Correct Option: D
Explanation:

Option (4) is correct: None of the above mentioned disabilities comes under Section 6 of Limitation Act. Legal disabilities under Section 6 of the Limitation Act are insanity, minority and idiocy.
 

Acknowledgement after the period of limitation

  1. is of no effect

  2. gives rise to an independent and enforceable contract

  3. is of great value

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Acknowledgement after the period of limitation is of no effect. Option (2) is incorrect: Acknowledgement after the period of limitation doesn’t give rise to an independent and enforceable contract. Option (3) is incorrect: Acknowledgement after the period of limitation is not of any value. Option (4) is incorrect: Option (1) is correct.

- Hide questions