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Limitation Act 1963
Short Question:- 5 marks
1. Can a court grant extension of the period of limitation? If so in what circumstances
and in what class of proceeding?[May 2009] ANS:- 2. State effect on limitation of death before or after the right to sue accrues. [May 2009] ANS:- 3. State the difference grounds of limitation make any, if so what allowance in favour of the Plaintiff on the ground that one of the persons jointly entitled with was a minor? [May 2010] 4. State briefly in what cases limitation is (a) suspended (b) Inturrupted (c) extended (d) does not run at all. [May 2010] 5. State the exceptions to the rule mentioned in the section 9 of the Limitation Act. [DEC 2010] ANS:_ 6. Under what circumstances and conditions does a payment of interest or a part payment of the principal amount by or on behalf of the debtor extend the period of Limitation. [DEC 2010] ANS:- 7. After expiry of the period of limitation as prescribed by the Limitation Act 1963, a suit instituted, but no dispense was set up by the defendant , what shall be the duty of the court? Discuss. [Sept 2011] 8. An acknowledgement of liability is made after expiration of the prescribed period for filing a suit .discuss citing the relevant provisions of the Limitation Act.1963, if the limitation will revive? [Sept 2011] 9. What is the effect of acknowledgement in writing? Discuss the relevant provisions contained in the Limitation Act, 1963 in this respect. [May 2012] ANS:- 10. Is it necessary to set up a defense to create a bar of limitation? Discuss in brief the relevant provisions embodied in the Limitation Act , 1963. [2012] [May 2012] ANS:- 11. “Time when once it commenced to run, will not cease to do so by reason of any subsequent event.”- Explain and Illustrate.[2005] ANS:- 12. “The Law of Limitation bars the remedy but does not destroy the right.”- Discuss [2005] ANS:- 13. What are the provisions of the Limitation Act relating to the institution of suits by a minor? [2005] ANS:- 14. Discuss the proposition “ The statute of Limitation is the statute of repose”[2006, 2008] ANS:- 15. Can a court entertain a suit after a period of limitation for its institution has expired? Would ther be any difference to the court’s power to entertain the suit if the defendant raised no objection? [2006,2008] Page 1 of 5 ANS:- 16. “The law of Limitation bars the remedy but does not destroy the right”… discuss [2006,2008] ANS:- 17. State the difference grounds of legal disabilities recognized in the Limitation Act.[2008] ANS:- 18.A suit is filed in court and decree passed in favour of the plaintiff. No object on the score of limitation has been raised by the defendant or any one else. Can be plea of limitation be raised for the first time’s---- (a)- in a first appeal (b)-in a second appeal If so , under what condition and by whom? [2006] 19. State briefly the circumstances which moved the Govt. to undertake legislation in connection with the Limitation Act. [2006] ANS:_ 20. Indicate period of limitation and time from with period begins to run in each of the following suits-
(i)- for the prices of goods sold and delivered, where no fixed period of credit is agreed upon. (ii)- for filing in the court an award. [2006]
Multiple Question Answer:-2 Marks
1. ‘A’ takes loan from a firm of which ‘E’, ‘F’ and ‘G’ are partners. ‘E’ and ‘F’ are insane and ‘G’ is a minor. When ‘A’ can be sued? [May 2009] (a)- After the death of ‘E’ and ‘F’. (b)- After the full recovery of ‘E” and ‘F’ (c )-‘G’ becomes adult. (d)- None of the above. 2. For filing a suit against the Government, the period of limitation is ….[May 2009] (a)-3 Years (b)- 5 years (c )- 12 years (d)- 30 years. 3. The condo nation of delay in preferring Appeal is laid down in the-----[May 2009] (a)- Section-7 (b)- Section-5 (c )-Section-10 (d)- None of the above of the Limitation Act. 4. “Good Faith” is defined in the Section---- [May 2009] (a)- 2(h) (b)- 2(i) (c )- 2(c) (d)- 2(r ) 5. To recover the possession of removable property conveyed or bequeathed in Trust and afterwards transferred by the Trustee for a valuable consideration. [May 2009] (a)- 3 Years Page 2 of 5 (b)- 6 Years (c )- 12 Years (d)- None of the above. 6. In computing the period of limitation prescribed for any suit or application for execution of a decree, when and under what conditions may a plaintiff or an Applicant claim execution of time? [May 2010] (i) If it comes within the sections 16 to 20 (ii) If it comes within sections 12 to 15 (iii) If it comes within the sections 21 to 26 (iv) None of the above 7. State what is the exact reason of the following to extend the period of limitation in filling a suit----[May 2010] (i) Imprisonment in connection with a criminal case (ii) Pardanishin Lady (iii) Ignorance of law (iv) None of the above 8. State in which suit the limitation will not run at all--------[May 2010] (i) Abortive bonafide proceedings in a court without jurisdiction. (ii) Where there was/is a continuing breach of contract or a tort. (iii) Where the court is closed when the period expires. (iv) Suit against express trustee and their representatives. 9. State the period of limitation for closure---- [May 2010] (i) Three years (ii) Twelve years (iii) Thirty years (iv) None of the above.
10. For the Government the limitation for filing of a suit against a private person is -----[May 2010] (i) Three years (ii) Twelve years (iii) Thirty years (iv) None of the above.
11. Law of Limitation as consisted in Limitation Act does not bar the remedy if suit is instituted under:- [DEC 2010] (a)- Code of Civil Procedure. (b)- Transfer of Property Act. (c )- Indian Divorce Act. (d)- All of the above. 12. Section 7 of the Limitation Act is not applicable to----- [DEC 2010] (i)- Suits. (ii)-Appeals (iii)- Application for execution of decrees. (iv)-None of the above. 13. The plea of limitation can be raised against:- [DEC 2010] (i)- Plaintiff (ii)-Defendant Page 3 of 5 (iii)-Both the Plaintiff and defendant (iv)-None of the above 14. Law of Limitation Act is based on Public policy while Laches is based on:- [DEC 2010] (i)-Natural Justice (ii)-Equity (iii)-Private Policy (iv)-None of the above 15. Section 14(3) of the Limitation Act is in the nature of …..[DEC 2010] (i)-an exemption to Section 14(1) of the Limitation Act. (ii)-an exemption to Order XXIII, Rule 2 of CPC. (iii)- Both (i) & (ii) (iv)- None of the above. 16. What is the limitation for bringing a suit chose the right answer from the period mentioned against each situation as follows-----[[Sept 2011] (i) For an account and share of profit of dissolved partnership-[Sept 2011] (a)Twelve years (b) Three years (c)Two years (ii) Against carrier compensation for non delivery of or delay in delivery of goods- [Sept 2011] (a)Three Years (b) Two Years (c)One Year (iii) For compensation for breach of promise to do anything as a specified time, or upon happening of a specified contingency—[Sept 2011] (a)Two years (b) Three years (c)Twelve years (iv) To recover possession of immovable property or any interest therein based on title----[Sept 2011] (a)Thirty years . (b) Twelve years (c)Three years (v) For foreclosure of mortgage by a mortgagee---- [Sept 2011] (a)Three years (b) Twelve years (c)Thirty years 21. The period of limitation against a carrier for compensation for losing or injuring goods is one year from the date when the loss or injury occurs. [May 2012] (i)- True (ii)- False 17. The period of limitation for money lent under an agreement that it shall be payable on demand is three years when the loan is made. [May 2012] (i)- True (ii)- False 18. The period of limitation for specific performance of contract is three years from the date of entering into contract. [May 2012] Page 4 of 5 (i)- True (ii)- False 19. Where once time has began to run, subsequent disability or inability to institute a suit or make an application can stop it. [May 2012] (i)- True (ii)- False 20. The period of limitation for compensation for inducing a person to break a contract with the plaintiff is one year from the date of breach. [May 2012] (i)- True (ii)- False
