Limitation Act Quiz

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Questions and Answers

What is the period of limitation for a suit relating to the balance due on a mutual account?

  • Two years
  • Five years
  • Three years (correct)
  • One year

What type of account requires a suit within three years when there have been reciprocal demands?

  • Closed account
  • Current account (correct)
  • Fixed account
  • Interest-bearing account

In the Limitation Act, what is meant by the term 'factor' in relation to accounts?

  • An agent of a company
  • A trade or business agent (correct)
  • A legal representative
  • A person who manages funds

If an account has been demanded during the agency continuance, what is the limitation period to file a suit?

<p>Three years (A)</p> Signup and view all the answers

What clause in the document relates to the substitution of the Limitation Act for Sikkim?

<p>Clause (a) of section 31 (A)</p> Signup and view all the answers

Which of the following statements is true regarding the Limitation Act's partial repeal status?

<p>Section 32 is repealed. (B)</p> Signup and view all the answers

What is required for a mutual account to start the three-year limitation period?

<p>Last item admitted (B)</p> Signup and view all the answers

What does the term 'reciprocal demands' refer to in the context of accounts?

<p>Mutual claims made by both parties (A)</p> Signup and view all the answers

What happens to the right to property after the period for instituting a suit for possession expires?

<p>The right becomes extinguished. (B)</p> Signup and view all the answers

In the context of easements, what duration is excluded when calculating the period of twenty years?

<p>Any enjoyment during a life interest or a term exceeding three years. (B)</p> Signup and view all the answers

Which Act does section 29 state will not be affected by the provisions of this Act?

<p>The Indian Contract Act, 1872 (B)</p> Signup and view all the answers

What is the effect of a special or local law prescribing a different period of limitation?

<p>It modifies the application of the Limitation Act provisions. (C)</p> Signup and view all the answers

Which section has been repealed in the State Amendment (Orissa)?

<p>Section 26 (B)</p> Signup and view all the answers

What does section 30 of the Limitation Act pertain to?

<p>Suits where the limitation period is shorter than the one prescribed by the Limitation Act, 1908 (D)</p> Signup and view all the answers

Which sections of the act do not apply to cases under the Indian Easements Act, 1882?

<p>Sections 25 and 26 (C)</p> Signup and view all the answers

What is the time frame within which a claim must be resisted to avoid the exclusion of enjoyment time?

<p>Within three years after the determination (C)</p> Signup and view all the answers

What does the term 'period of limitation' refer to in the Limitation Act?

<p>The duration set for filing a suit, appeal, or application (B)</p> Signup and view all the answers

In the context of the Limitation Act, who qualifies as an 'applicant'?

<p>Any executor or administrator representing the estate (B), Any individual whose rights are derived from another (C)</p> Signup and view all the answers

Which of the following is NOT included in the definition of 'defendant' under the Limitation Act?

<p>A benamidar who is holding property for another (C)</p> Signup and view all the answers

What does the term 'suit' specifically exclude according to the Limitation Act?

<p>Appeals and applications (D)</p> Signup and view all the answers

How is 'good faith' defined in the Limitation Act?

<p>Actions performed with due care and attention (C)</p> Signup and view all the answers

What does 'foreign country' mean in the context of the Limitation Act?

<p>Any country outside India (C)</p> Signup and view all the answers

Which of the following statements is accurate regarding 'tort' as per the Limitation Act?

<p>It refers to civil wrongs excluding contract or trust breaches (A)</p> Signup and view all the answers

Which definition includes 'cheque' as stipulated in the Limitation Act?

<p>Bill of exchange (C)</p> Signup and view all the answers

What does the term 'trustee' specifically exclude in the Limitation Act?

<p>A mortgagee after the mortgage is satisfied (D)</p> Signup and view all the answers

What is indicated by the term 'bond' in the Limitation Act?

<p>An obligation to pay money with certain conditions (B)</p> Signup and view all the answers

Flashcards

Exclusion of easement enjoyment period

The time period of enjoyment of an easement is excluded from the 20-year limitation period if the land involved is held under a lease or life estate, and the claim is contested within three years after the lease or life estate ends.

Extinguishment of property rights

When the legal time limit (limitation period) for filing a lawsuit ends, the right to claim possession of the property is extinguished.

Exclusion of Indian Easements Act

This Act does not apply to cases involving easements in areas where the Indian Easements Act of 1882 is in effect.

Special laws and limitation periods

The time limit for a lawsuit is set by the applicable law, and may be different from the general limitation period in the Schedule to this Act.

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Exclusion of marriage and divorce cases

This Act does not apply to legal proceedings related to marriage and divorce.

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No effect on Indian Contract Act

The Indian Contract Act of 1872 is not affected by this Act.

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Shorter time limit from special law

If a special law has a shorter time limit for a lawsuit than the general time limit in the Schedule of this Act, the shorter limit applies.

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Purpose and limitation

This law is meant to protect the rights of people who are entitled to possess certain property, but it does so only within a specific timeframe.

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Suit relating to accounts

A type of lawsuit where the central point of dispute is the balance due on a shared account with ongoing transactions.

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Mutual, open and current account

A shared account where both parties have ongoing reciprocal claims. Think of a joint bank account with deposits and withdrawals.

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Last item admitted or proved

The last recorded transaction in an account, often a payment or a withdrawal. This helps determine when the time for filing a lawsuit starts.

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Period of limitation for suits relating to accounts

A period measured from the last entry in a mutual account, which sets a limit on how long one can wait before filing a lawsuit about the balance.

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Factor

A person who is entrusted with managing another's property or business. It involves handling finances and trading on behalf of the principal.

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Suit against a factor for an account

A legal claim made by a principal against a factor for an account involving financial transactions.

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Period of limitation

The period of time within which someone must take legal action after a certain event occurs. This time limit can vary depending on the type of claim.

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Time from which period begins to run

The point in time when a lawsuit can start being counted. In account disputes, it's usually the date of the last transaction.

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What is the purpose of the Limitation Act, 1963?

The Limitation Act, 1963, establishes the time limits for filing lawsuits and other legal proceedings in India, except in the state of Jammu and Kashmir.

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Where does the Limitation Act, 1963, apply?

The Limitation Act, 1963, applies to the entire country of India except the state of Jammu and Kashmir.

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Who is considered an 'applicant' according to the Limitation Act, 1963?

"Applicant" refers to the person initiating a legal proceeding, including the petitioner and anyone whose estate is represented by them.

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Who is a 'defendant' according to the Limitation Act, 1963?

"Defendant" includes the person being sued and anyone whose estate they represent.

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What is the "period of limitation" in the Limitation Act, 1963?

The "period of limitation" is the prescribed time limit for filing a lawsuit, appeal, or application, as listed in the Schedule of the Act.

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What does "good faith" mean under the Limitation Act, 1963?

"Good faith" requires acting with due care and attention. Simply having good intentions is not enough.

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What is a "promissory note" in the context of the Limitation Act, 1963?

A "promissory note" is a written agreement in which someone promises to pay a specific sum of money to another person at a certain time or on demand.

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What is a "tort" according to the Limitation Act, 1963?

"Tort" refers to a civil wrong that is not related to a breach of contract or a breach of trust.

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Who is a "trustee" in the context of the Limitation Act, 1963?

A "trustee" is someone who holds property for the benefit of others, but this definition excludes benamidars, mortgagees in possession, and those who are wrongfully in possession.

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What is the main significance of the Limitation Act, 1963?

This Act establishes the legal deadlines for various types of lawsuits, like those related to contracts, torts, or property rights. It aims to ensure fairness and prevent delays in the legal system.

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Related Documents

The_Limitation_Act_1963.PDF

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