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Test: The Limitation Act, 1963 - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: The Limitation Act, 1963

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Test: The Limitation Act, 1963 - Question 1

In the context of the Limitation Act, what is the significance of statutes of limitations?

Detailed Solution for Test: The Limitation Act, 1963 - Question 1
Statutes of limitations play a crucial role in encouraging timely action and discouraging stale claims within the legal system. By setting time limits for initiating legal actions, these statutes promote prompt resolution of disputes and prevent cases from being pursued indefinitely. This serves the purpose of ensuring that legal remedies are sought within a reasonable timeframe, contributing to the efficiency and fairness of the legal process.
Test: The Limitation Act, 1963 - Question 2

In what scenario is consent from the Central Government mandatory according to Sections 86 and 87 of the Civil Procedure Code?

Detailed Solution for Test: The Limitation Act, 1963 - Question 2
Consent from the Central Government is mandatory when suing a foreign ambassador according to Sections 86 and 87 of the Civil Procedure Code. This requirement ensures that legal actions against foreign dignitaries are conducted with proper authorization and adherence to established procedures.
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Test: The Limitation Act, 1963 - Question 3

What is the primary focus of Section 14 of the Limitation Act, 1963?

Detailed Solution for Test: The Limitation Act, 1963 - Question 3
Section 14 of the Limitation Act, 1963, primarily aims to exclude time from legal proceedings conducted in good faith but without jurisdiction. This provision is designed to protect litigants who diligently pursue cases in a court lacking jurisdiction, ensuring that time spent in such proceedings is not counted towards the limitation period. It emphasizes the importance of genuine efforts in navigating legal processes and overcoming jurisdictional obstacles.
Test: The Limitation Act, 1963 - Question 4
What does Section 9 of the Limitation Act state regarding the continuous running of time in legal matters?
Detailed Solution for Test: The Limitation Act, 1963 - Question 4
Section 9 of the Limitation Act explains that once the time period for a legal matter begins, subsequent disabilities do not stop the running of time. This means that any disabilities occurring after the initiation of the time period do not affect the ongoing calculation of the limitation period. It establishes a clear rule regarding the uninterrupted progression of time once the limitation period has commenced.
Test: The Limitation Act, 1963 - Question 5
What is the purpose of Section 10 of the Limitation Act regarding suits against trustees?
Detailed Solution for Test: The Limitation Act, 1963 - Question 5
Section 10 of the Limitation Act addresses suits against trustees and ensures that such suits are not barred by any length of time. This section establishes that there are no time constraints for initiating legal proceedings against trustees or their representatives regarding property held in trust. It aims to facilitate justice by allowing individuals to pursue claims against trustees without being hindered by limitations related to the passage of time.
Test: The Limitation Act, 1963 - Question 6
What is the primary purpose of Section 16 of the Limitation Act, 1963?
Detailed Solution for Test: The Limitation Act, 1963 - Question 6
Section 16 of the Limitation Act, 1963 deals with the effect of death on the right to sue. It specifies how the limitation period is affected when a person dies before the right to sue matures, and it outlines the starting point of the limitation period in cases where a party dies before legal action can be initiated. This section aims to ensure that the legal rights of parties are preserved despite the occurrence of death.
Test: The Limitation Act, 1963 - Question 7
How does Section 17 of the Limitation Act, 1963 address cases involving fraud or mistake?
Detailed Solution for Test: The Limitation Act, 1963 - Question 7
Section 17 of the Limitation Act, 1963 addresses cases involving fraud or mistake by starting the limitation period when the plaintiff discovers the fraud or mistake, or when they could have reasonably discovered it. This provision aims to ensure that parties have a fair opportunity to take legal action upon becoming aware of essential facts necessary for their case.
Test: The Limitation Act, 1963 - Question 8
What is the key condition required to benefit from Section 15(4) of the Limitation Act, 1963?
Detailed Solution for Test: The Limitation Act, 1963 - Question 8
To benefit from Section 15(4) of the Limitation Act, 1963, the key condition that must be met is that the suit must seek possession by the purchaser from a sale in execution of a decree. This provision allows for the exclusion of the time spent on proceedings to set aside the sale deed from the limitation period calculation in such cases.
Test: The Limitation Act, 1963 - Question 9
What does Article 27 of the Limitation Act, 1963 address specifically?
Detailed Solution for Test: The Limitation Act, 1963 - Question 9
Article 27 of the Limitation Act, 1963 specifically deals with the extinguishment of the right to property when the time limit for instituting a suit for possession expires. This article goes beyond merely barring the remedy and extends to extinguishing the title itself. In such cases, the right to the property is considered to follow possession, potentially allowing the possessor to acquire title through adverse possession.
Test: The Limitation Act, 1963 - Question 10
What is the primary distinction between Articles 64 and 65 concerning suits on possession and proprietary title under the Limitation Act?
Detailed Solution for Test: The Limitation Act, 1963 - Question 10
Articles 64 and 65 of the Limitation Act focus on different aspects of possession and proprietary title suits. The primary distinction lies in the events that initiate the limitation period for each type of suit. Article 64 pertains to suits based on previous possession only, while Article 65 concerns suits based on proprietary title. Understanding this distinction is crucial for determining the starting point for filing suits related to possession and property rights under the Act.
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