The Limitation MCQs Paper-1

The Limitation MCQs Paper-1

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1. What is the short title of the Act mentioned in Section 1?

a. Indian Limitation Law, 1963

b. Limitation Act, 1963

c. Civil Suits Limitation Act, 1963

d. Limitation of Proceedings Act, 1963

 

2. Section 1(2) specifies the extent of the Limitation Act, 1963. To which area does it extend?

a. Only Union Territories of India

b. Only Delhi

c. Whole of India

d. Only States of India

 

3. Under Section 1(3), when does the Limitation Act, 1963 come into force?

a. Immediately on enactment by Parliament

b. On such date as the Central Government appoints by notification in the Official Gazette

c. After 1 year of enactment

d. After judicial approval

 

4. Which authority appoints the commencement date of the Limitation Act, 1963?

a. President of India

b. Supreme Court

c. Central Government by notification in the Official Gazette

d. State Governments

 

5. Section 1(1) mentions the year of enactment. Which year is it?

a. 1962

b. 1963

c. 1964

d. 1965

 

6. Section 1 of the Limitation Act, 1963 deals with:

a. Definitions only

b. Short title, extent, and commencement

c. Limitation periods for suits

d. Procedures for filing suits

 

7. The Limitation Act, 1963 was enacted by:

a. The Supreme Court of India

b. Parliament of India

c. State Legislatures

d. Law Commission of India

 

8. The notification in the Official Gazette under Section 1(3) is issued by:

a. State Government

b. High Court

c. Central Government

d. Law Ministry

 

9. Section 1 ensures that the Limitation Act, 1963:

a. Has a short title for reference

b. Specifies territorial extent

c. Provides the power to notify commencement date

d. All of the above

 

10. The Limitation Act, 1963 was enacted in which year of the Republic of India?

a. Twelfth Year

b. Fourteenth Year

c. Fifteenth Year

d. Sixteenth Year

 

11. Under which section of the Limitation Act, 1963 is “applicant” defined?

a. Section 2(c)

b. Section 2(b)

c. Section 2(a)

d. Section 2(d)

 

12. According to Section 2(a), which of the following is included in the term “applicant”?

a. Witness

b. Government official

c. Criminal defendant

d. Petitioner

 

13. An applicant may include a person through whom the right to apply is derived. This means:

a. He can file on behalf of someone else’s right

b. He must have original ownership

c. He cannot represent another person

d. He is always a government officer

 

14. Section 2(a) includes which of the following as an applicant?

a. Tax officer

b. Witness to a contract

c. Criminal accused

d. Executor of an estate represented by the applicant

 

15. The term “Official Gazette” in Section 1(3) refers to:

a. Newspaper of choice

b. Publication authorized by the Government to issue notifications

c. Court orders

d. Ministry circulars

 

16. Who among the following can be considered an applicant under Section 2(a)?

a. Administrator acting on behalf of a deceased person’s estate

b. Any random person

c. Only government employees

d. Bank official

 

17. A person acting as a legal representative of a deceased person in filing an application is:

a. Only a witness

b. Not an applicant

c. An applicant

d. Only a defendant

 

18. Section 2(a) of the Limitation Act is relevant for:

a. Identifying who can file suits, appeals, or applications

b. Defining criminal liability

c. Tax matters

d. Government contracts

 

19. An applicant can represent:

a. His own rights

b. Rights of a deceased person’s estate

c. Rights derived through another person

d. All of the above

 

20. “Applicant” under Section 2(a) does NOT include:

a. Witnesses who have no interest

b. Petitioner

c. Executor

d. Administrator

 

21. Section 2(a) allows representation of:

a. Only government bodies

b. Criminal defendants

c. Estates through executor or administrator

d. Only banks

 

22. Under which section of the Limitation Act, 1963 is “application” defined?

a. Section 2(a)

b. Section 2(b)

c. Section 2(c)

d. Section 2(d)

 

23. According to Section 2(b), which of the following is included in the term “application”?

a. Petition

b. Suit

c. Decree

d. Appeal only

 

24. A petition filed in a civil court for execution of a decree is considered:

a. Trustee

b. Suit

c. Application

d. Plaintiff

 

25. Section 2(b) ensures that:

a. A petition is treated as an application for limitation purposes

b. Petition is treated as a suit

c. Petition is treated as criminal complaint

d. Petition is treated as government notice

 

26. Which of the following falls under the term “application” according to Section 2(b)?

a. Government notification

b. Original civil suit

c. Appeal against civil decree

d. Petition for execution

 

27. Section 2(b) distinguishes between:

a.  Criminal and civil cases

b. Suits and applications

c. Government and private cases

d. Trust and contract cases

 

28. A petition filed by an executor to claim estate rights is:

a. Application

b. Suit

c. Trustee

d. Government notice

 

29. Which of the following is TRUE regarding Section 2(b)?

a. Every petition is excluded from limitation

b. Every petition is counted as a suit

c. Every application is a criminal case

d. Every petition is counted as an application

 

30. Under which section of the Limitation Act, 1963 is “bill of exchange” defined?

a. Section 2(a)

b. Section 2(b)

c. Section 2(c)

d. Section 2(d)

 

31. According to Section 2(c), a bill of exchange includes:

a. Only promissory notes

b. Only hundis

c. Hundi and cheque

d. Only bonds

 

32. Which of the following is TRUE under Section 2(c)?

a. A cheque is considered a bill of exchange

b. Only bonds are bills of exchange

c. Only promissory notes are bills of exchange

d. Bills of exchange do not include hundis

 

33. A hundi under Section 2(c) is treated as:

a. Bond

b. Promissory note

c. Bill of exchange

d. Trustee document

 

34. Section 2(c) ensures that:

a. Bills of exchange include hundis and cheques for limitation purposes

b. Bills of exchange exclude cheques

c. Bills of exchange include only promissory notes

d. Bills of exchange exclude hundis

 

35. Which of the following is NOT included in the definition of bill of exchange under Section 2(c)?

a. Hundi

b. Cheque

c. Promissory note

d. Both hundi and cheque are included

 

36. Under which section of the Limitation Act, 1963 is “bond” defined?

a. Section 2(c)

b. Section 2(b)

c. Section 2(d)

d. Section 2(e)

 

37. According to Section 2(d), a bond is:

a.  Only a promissory note

b. A criminal complaint

c. Any instrument creating an obligation to pay money under certain conditions

d. Only a cheque

 

38. Section 2(d) clarifies that the obligation under a bond:

a. May become void if a specified act is performed or not performed

b. Is always absolute without conditions

c. Is only for criminal liability

d. Is always related to government

 

39. Which of the following is TRUE under Section 2(d)?

a. A bond is always a promissory note

b. A bond is a criminal act

c. A bond is always a cheque

d. A bond is a conditional or unconditional obligation to pay money

 

40. A person promising to pay money unless a condition is fulfilled is:

a. Bound by a bond

b. Trustee

c. Defendant only

d. Petitioner only

 

41. Which of the following is NOT included under Section 2(d)?

a. Conditional bond

b. Unconditional bond

c. Criminal complaint

d. Any instrument obliging payment

 

42. Section 2(d) covers bonds where the obligation:

a. Shall be void if a specified act is performed or not performed

b. Is always absolute

c. Is only criminal

d. Is only for government contracts

 

43. Which of the following instruments is explicitly included under Section 2(d)?

a. Criminal complaint

b. Lease deed

c. Any instrument creating monetary obligation subject to condition

d. Will

 

44. A bond may become void if:

a. The specified act is performed or not performed

b. Only government allows

c. Only courts allow

d. It is a promissory note

 

45. Under which section of the Limitation Act, 1963 is “defendant” defined?

a. Section 2(d)

b. Section 2(e)

c. Section 2(f)

d. Section 2(g)

 

46. According to Section 2(e), a defendant may include:

a. Any person from or through whom liability to be sued is derived

b. Only the original owner

c. Only government officers

d. Only trustees

 

47. If a person inherits liability to be sued, he is treated as:

a. Executor only

b. Plaintiff

c. Trustee

d. Defendant

 

48. Which of the following is TRUE under Section 2(e)?

a. A defendant may include someone through whom liability is derived

b. A defendant is always the original owner

c. Defendant never includes estate representatives

d. Defendant only refers to government officers

 

49. Which of the following persons is excluded from the definition of defendant under Section 2(e)?

a. Administrator of estate

b. Executor of estate

c. Person deriving liability

d. Witnesses with no liability

 

50. Section 2(e) ensures uniformity in:

a. Limitation periods by defining who is a defendant

b. Criminal prosecution rules

c. Taxation rules

d. Government notifications

 

51. Which of the following is included as a defendant?

a. Government officer related to case

b. Witness without liability

c. Administrator of estate representing a deceased person

d. Trustee without liability

 

52. The main purpose of Section 2(e) is to:

a. Clarify that both direct and derived liability, including estate representatives, are considered defendants

b. Regulate taxation

c. Define criminal liability

d. Govern government notifications

 

53. Under which section of the Limitation Act, 1963 is “easement” defined?

a. Section 2(e)

b. Section 2(f)

c. Section 2(g)

d. Section 2(h)

 

54. According to Section 2(f), an easement:

a. Is a right not arising from contract to use or appropriate another’s land or produce

b. Is always created by contract

c. Is always a trust obligation

d. Is a criminal offence

 

55. Section 2(f) clarifies that easement rights:

a. Must always arise from contract

b. May exist independent of any contract

c. Apply only to trust property

d. Are only criminally enforceable

 

56. Which of the following is included in the term “easement” under Section 2(f)?

a. Right to remove timber from another’s land

b. Filing a suit

c. Trustee action

d. Government notification

 

57. Easement as per Section 2(f) does NOT include:

a. Right to appropriate soil for own profit

b. Right arising from contract

c. Right to remove produce growing on land

d. Rights independent of contract

 

58. The main purpose of Section 2(f) is:

a. Include rights independent of contract, to use or appropriate another’s land or its produce, for limitation purposes

b. Regulate taxation

c. Define criminal offences

d. Govern government notifications

 

59. Under which section of the Limitation Act, 1963 is “foreign country” defined?

a. Section 1

b. Section 2(g)

c. Section 3

d. Section 4

 

60. According to Section 2(g), “foreign country” means:

a. Any country with which India has diplomatic relations

b. Any country other than India

c. Only countries outside Asia

d. Countries within the Commonwealth

 

61. The definition of “foreign country” under the Limitation Act is:

a. Conditional

b. Inclusive

c. Exhaustive

d. Restrictive

 

62. Which of the following principles is reflected by Section 2(g)?

a. Lex fori (law of the forum)

b. Territorial sovereignty

c. Lex loci contractus

d. Natural justice

 

63. Under which section of the Limitation Act, 1963 is “good faith” defined?

a. Section 2(h)

b. Section 2(g)

c. Section 3

d. Section 4

 

64. According to Section 2(h), an act is considered in good faith only if:

a. It is done honestly

b. It is done with due care and attention

c. It is beneficial to society

d. It is done legally

 

65. The definition of “good faith” under the Limitation Act primarily relates to:

a. Criminal liability

b. Taxation

c. Civil limitation and transactions

d. Constitutional law

 

66. Under which section of the Limitation Act, 1963 is “plaintiff” defined?

a. Section 2(i)

b. Section 2(e)

c. Section 3

d. Section 1

 

67. According to Section 2(i), a plaintiff includes:

a. Only the person who files the suit

b. Only the legal heirs of the original plaintiff

c. Persons from or through whom the plaintiff derives the right to sue and estate representatives

d. Only government officials

 

68. A person from whom the plaintiff derives his right to sue is included under:

a. Section 2(i)(i)

b. Section 2(i)(ii)

c. Section 2(e)

d. Section 2(d)

 

69. Section 2(i)(ii) covers:

a. Government defendants

b. Persons whose estate is represented by the plaintiff as executor, administrator, or other representative

c.  Witnesses

d. Advocates

 

70. The term “plaintiff” under the Limitation Act is:

a. Exhaustive

b. Penal

c. Restrictive

d. Inclusive

 

71. The definition of “plaintiff” under Section 2(i) is:

a. Limited to those filing original suits

b. Includes original and derivative rights holders

c. Only government officers

d. Only corporate entities

 

72. Under which section of the Limitation Act, 1963 is “period of limitation” defined?

a. Section 2(h)

b. Section 2(j)

c. Section 3

d. Section 1

 

73. According to Section 2(j), “period of limitation” refers to:

a. Any time limit prescribed by the court

b. Criminal limitation only

c. Any period agreed by the parties

d. Period prescribed for suits, appeals, or applications by the Schedule

 

74. The “prescribed period” under Section 2(j) means:

a. Period agreed between parties

b. Period computed in accordance with the provisions of the Limitation Act

c. Period fixed by the court in discretion

d. Period fixed by the government for contracts

 

75. Section 2(j) applies to limitation for:

a. Suits

b. Appeals

c. Applications

d. All of these

 

76. The term “period of limitation” under Section 2(j) ensures:

a. Uniform computation of limitation for civil matters

b. Uniform computation of limitation for criminal matters

c. Tax assessment

d. Both (a) and (b)

 

77. The prescribed period may differ for:

a. Different judges

b. Different states

c. Different suits, appeals, and applications

d. Different Reviews

 

78. If a suit is filed after the prescribed period, it is considered:

a. Timely

b. Time-barred

c. Voidable

d. ultra-vires

 

79. Section 2(j) clarifies the distinction between:

a. Plaintiff and defendant

b. Period of limitation and prescribed period

c. Criminal and civil law

d. Good faith and bad faith

 

80. Section 2(j) ensures that limitation periods are:

a. Flexible and negotiable

b. Optional for civil suits

c.  Only applicable to government

d. Uniform and predictable

 

81. Limitation periods in the Schedule are important because they:

a. Determine court jurisdiction

b. Determine whether a suit is barred by time

c. Determine criminal liability

d. Govern property rights

 

82. Under which section of the Limitation Act, 1963 is “promissory note” defined?

a. Section 2(k)

b. Section 2(j)

c. Section 2(h)

d. Section 2(i)

 

83. A promissory note under Section 2(k) is an instrument in which:

a. The government guarantees payment

b. The payee promises to pay

c. The maker promises to pay absolutely a specified sum of money

d. The bank may pay optionally

 

84. Which of the following is essential for a promissory note under Section 2(k)?

a. Maker’s absolute engagement to pay

b. Endorsement by a bank

c. Signature of a witness only

d. Registration with authorities

 

85. The sum of money in a promissory note must be:

a. Optional

b. Certain and specified

c. Conditional

d. Estimated

 

86. Payment in a promissory note can be required:

a. At a date fixed in the note

b. On demand by the holder

c. At sight

d. All of the above

 

87. The maker of a promissory note is:

a. The person promising to pay

b. The person receiving payment

c. The bank

d. Any witness

 

88. The payee of a promissory note is:

a. Any bank

b. The person making the note

c. The government

d. The person to whom payment is to be made

 

89. A promissory note is considered a negotiable instrument under:

a. Limitation Act

b. Negotiable Instruments Act

c. Contract Act

d. Registration Act

 

90. If the maker fails to pay a promissory note on demand:

a. The holder can file a suit within the prescribed limitation period

b. The note becomes void automatically

c. Payment is postponed indefinitely

d. Criminal liability arises

 

91. Under which section of the Limitation Act, 1963 is “suit” defined?

a. Section 2(l)

b. Section 2(k)

c. Section 2(j)

d. Section 2(i)

 

92. According to Section 2(l), a “suit” does NOT include:

a. Original civil proceedings

b. Criminal proceedings

c. An appeal or an application

d. Proceedings in High Court

 

93. The definition of “suit” under Section 2(l) is:

a. Inclusive of appeals

b. Exclusive of appeals and applications

c.  Limited to tax matters

d. Only for government cases

 

94. Section 2(l) clarifies that limitation for:

a. Appeals and applications

b. Original suits

c. Criminal appeals

d. Tax appeals

 

95. Under which section of the Limitation Act, 1963 is “tort” defined?

a. Section 2(m)

b. Section 2(l)

c. Section 2(k)

d. Section 2(j)

 

96. According to Section 2(m), a tort is:

a. A criminal wrong

b. A civil wrong not exclusively the breach of contract or trust

c. Only a breach of contract

d. Only a breach of trust

 

97. Section 2(m) distinguishes tort from:

a. Criminal offences

b. Tax defaults

c. Government regulations

d. Breach of contract and breach of trust

 

98. Which of the following is an example of a tort?

a. Negligence causing personal injury

b. Failure to perform a contract

c. Breach of trust by a trustee

d. Non-payment of taxes

 

99. Which of the following falls under tort according to Section 2(m)?

a. Breach of contract

b. Defamation

c. Breach of trust

d. Tax default

 

100. Under which section of the Limitation Act, 1963 is “trustee” defined?

a. Section 2(n)

b. Section 2(m)

c. Section 2(l)

d. Section 2(k)

 

101. According to Section 2(n), which of the following is excluded from the definition of “trustee”?

a. Administrator

b. Executor

c. Benamidar

d. Original plaintiff

 

102. A mortgagee remaining in possession after the mortgage has been satisfied is:

a. Included as a trustee

b. Not included as a trustee

c. Always a plaintiff

d. Always a defendant

 

103. The term “trustee” under Section 2(n) excludes:

a. Persons holding property under a valid trust

b. Benamidars, discharged mortgagees in possession, wrongful possessors

c. Executors or administrators

d. Plaintiffs deriving rights from deceased

 

104. A discharged mortgagee remaining in possession cannot:

a. File a suit as a trustee

b. Own property

c. Pay taxes

d. Challenge a trust

 

105. Section 2(n) clarifies that:

a. All mortgagees are trustees

b. All possessors are trustees

c. Not all possessors of property are trustees

d. All plaintiffs are trustees

 

106. Limitation period for a trustee filing suit is computed:

a. Only if they are valid trustee under Section 2(n)

b. Even if they are benamidar

c. Even if they are wrongful possessor

d. Only for mortgagees

 

107. The main purpose of excluding certain persons from trustee definition is to:

a. Prevent abuse of limitation law by persons without real interest

b. Grant them special rights

c. Penalize them

d. Include them as plaintiffs

 

108. Under which section of the Limitation Act, 1963 is the bar of limitation defined?

a. Section 2

b. Section 3

c. Section 4

d. Section 5

 

109. According to Section 3(1), what happens to a suit instituted after the prescribed period?

a. It is treated as valid without limitation

b. It is always admitted

c. It is converted into a petition

d. It shall be dismissed even if limitation is not pleaded

 

110. Section 3 applies to:

a. Suits, appeals, and applications

b. Criminal offences only

c. Government notifications

d. Tax matters only

 

111. A suit is considered “instituted” in an ordinary case when:

a. The court is notified verbally

b. The claim is sent by email

c. The plaint is presented to the proper officer

d. Government approves the claim

 

112. A suit by a pauper is instituted when:

a. The application for leave to sue as a pauper is made

b. The plaint is filed

c. The counterclaim is filed

d. The appeal is made

 

113. A claim against a company being wound up is instituted when:

a. The claimant sends his claim to the official liquidator

b. The suit is filed in the High Court

c. The court verbally acknowledges it

d. The company approves

 

114. Section 3(2)(b) treats a set-off or counterclaim as:

a. Invalid

b. Part of the original suit

c. A separate suit

d. Government property

 

115. In the case of a set-off, the suit is deemed instituted:

a. On the same date as the suit in which the set off is pleaded

b. On the date the counterclaim is filed

c. On the date of appeal

d. On the date the plaint is amended

 

116. In the case of a counterclaim, the suit is deemed instituted:

a. On the date the appeal is filed

b. On the original suit date

c. On the date on which the counterclaim is made in court

d. On the date of government notification

 

117. An application by notice of motion in a High Court is considered made when:

a. Presented to the proper officer of that court

b. Filed online

c. Submitted to any officer

d. Approved by government

 

118. Section 3 emphasizes that limitation is:

a. Only relevant in criminal cases

b. Optional for the court

c. Only applicable to government suits

d. Mandatory and must be followed even if not pleaded

 

119. Section 3 protects:

a. Defendants by providing a bar on suits after prescribed period

b. Plaintiffs automatically

c. Trustees only

d. Government property only

 

120. The bar of limitation under Section 3 is subject to:

a. Tax laws

b. Criminal laws

c. Provisions of Sections 4 to 24

d. Government approvals

 

121. Which of the following is TRUE for Section 3?

a. Limitation is a substantive law and can be enforced even if not pleaded

b. Limitation is irrelevant unless pleaded

c. Limitation only applies to government cases

d. Limitation only applies to criminal cases

 

122. Section 3(2)(a) defines when a suit is instituted for:

a. Only government suits

b. Only ordinary cases

c. Only criminal cases

d. Ordinary cases, paupers, and claims against companies in liquidation

 

123. Under which section of the Limitation Act, 1963 is the rule for expiry of prescribed period when court is closed defined?

a. Section 3

b. Section 4

c. Section 5

d. Section 6

 

124. If the last day of the limitation period falls on a day when the court is closed, the suit, appeal, or application may be filed:

a. On the day the court re-opens

b. The next week

c. Only after government permission

d. On the same day even if closed

 

125. According to Section 4, a court is deemed closed if:

a. Government declares a holiday only

b. The whole city is on holiday

c. During any part of its normal working hours it remains closed

d. Court functions normally

 

126. Section 4 applies to:

a. Suits, appeals, and applications

b. Only criminal cases

c. Only government notifications

d. Only taxation matters

 

127. Section 4 ensures:

a. Government approval is mandatory

b. Limitation cannot be extended

c. Limitation is not lost if court is closed on last day

d. Filing is criminal offence

 

128. Section 4 prevents:

a. Loss of right to file due to court closure

b. Criminal offences

c. Taxation disputes

d. Government notifications

 

129. If a suit’s limitation expires on a Sunday, Section 4 allows filing:

a. On Monday when the court re-opens

b. Only next month

c. Only with government permission

d. Filing is barred

 

130. Section 4 protects which of the following parties?

a. Criminal accused

b. Government only

c. Plaintiff, appellant, or applicant

d. Trustees only

 

131. Which of the following days is considered “court closed” under Section 4?

a. Any day when court remains closed during part of normal working hours

b. Only Sundays

c. Only public holidays

d. Only government holidays

 

132. Under which section of the Limitation Act, 1963 is the extension of prescribed period defined?

a. Section 4

b. Section 5

c. Section 6

d. Section 7

 

133. Section 5 allows extension of limitation for:

a. Appeals or applications, except under Order XXI CPC

b. Criminal complaints only

c. Tax notices only

d. Government notifications

 

134. For an extension under Section 5, the appellant or applicant must satisfy the court that:

a. The court was closed

b. He had sufficient cause for not preferring the appeal or application within the prescribed period

c. Government gave permission

d. Only criminal delay exists

 

135. Section 5 does NOT apply to:

a. Applications under Order XXI of the Code of Civil Procedure, 1908

b. Ordinary appeals

c. Applications other than Order XXI CPC

d. Civil suits appeals

 

136. Which of the following can constitute “sufficient cause” under Section 5?

a. Only criminal offences

b. Ignoring limitation without reason

c. Only government delay

d. Being misled by any order, practice, or judgment of the High Court

 

137. Which of the following is a TRUE statement under Section 5?

a. Court may admit delayed appeal if sufficient cause is shown

b. Delayed appeals are never admitted

c. Government approval is mandatory for extension

d. Only original suits are considered

 

138. If an applicant was misled by a High Court judgment in calculating the limitation period, the court may:

a. Reject automatically

b. Grant extension under Section 5

c. Forward to government

d. Treat as criminal offence