The Limitation Act, 1908 Model Test 1 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ Limitation Act Model Test 1 (English) The Limitation Act, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 In computing the limitation for an appeal, which day is excluded according to Section 12(2)? A) The day the court reopened B) The day the plaint was filed C) The day the defendant appeared D) The day on which the judgment complained of was pronounced Explanation: According to Section 12 of The Limitation Act, 1908, the legally correct resolution is "The day on which the judgment complained of was pronounced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 According to Section 11(1), suits instituted in Bangladesh on foreign contracts are subject to: A) The rules of limitation contained in the Bangladesh Limitation Act B) International law C) No limitation rules D) The rules of the foreign country Explanation: According to Section 11 of The Limitation Act, 1908, the legally correct resolution is "The rules of limitation contained in the Bangladesh Limitation Act". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 If a legal representative is also affected by a disability at the date of death, do the rules of Section 6 apply to him? A) Yes B) Only if he is a minor C) Only if he is insane D) No Explanation: According to Section 6 of The Limitation Act, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 According to Section 9, where once time has begun to run: A) A subsequent disability stops it B) Death resets it C) The court can pause it anytime D) No subsequent disability or inability to sue stops it Explanation: According to Section 9 of The Limitation Act, 1908, the legally correct resolution is "No subsequent disability or inability to sue stops it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 (Illustration) The right to sue accrues to A during minority. He attains majority four years later. The limitation period is 3 years. When must he sue? A) Within 3 years from the date of accruer B) Within 1 year from attaining majority C) Within 3 years from attaining majority D) Within 4 years from accruer Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Within 3 years from attaining majority". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Section 10 deals with suits against: A) Foreigners B) Express trustees and their representatives C) Government officials D) Minors Explanation: According to Section 10 of The Limitation Act, 1908, the legally correct resolution is "Express trustees and their representatives". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Under Section 2(7), nothing shall be deemed to be done in "good faith" which is not done with: A) Legal consultation B) Proper documentation C) Honest intentions D) Due care and attention Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Due care and attention". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 If the period of limitation expires on a day when the Court is closed, when can the suit be instituted? A) Within 30 days of re-opening B) On the day the Court re-opens C) On the next working day of the following week D) The suit becomes barred Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "On the day the Court re-opens". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Under Section 7, if one of several jointly entitled persons is under a disability, and a discharge CAN be given without his concurrence, what happens to the limitation time? A) Time will not run against any of them B) The suit is dismissed C) Time runs only against the disabled person D) Time will run against them all Explanation: According to Section 7 of The Limitation Act, 1908, the legally correct resolution is "Time will run against them all". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Under Section 2(2), a "bill of exchange" includes: A) A hundi and a cheque B) A promissory note C) A contract D) A bond Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "A hundi and a cheque". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 An instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, is called a: A) Bill of exchange B) Bond C) Promissory note D) Cheque Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Bond". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 According to Section 2(8), "plaintiff" includes: A) The defendant B) Only the person filing the suit C) Any person from or through whom a plaintiff derives his right to sue D) The court clerk Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Any person from or through whom a plaintiff derives his right to sue". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 If a person is a minor at the time the right to sue accrues, when can he institute the suit? A) Within one year of attaining majority B) Never C) Immediately through a friend only D) Within the same period after the disability has ceased Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Within the same period after the disability has ceased". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Section 7, if NO discharge can be given without the concurrence of the disabled person, when will time run? A) Only against the capable persons B) Immediately C) After 12 years D) It will not run against any of them until one becomes capable of giving discharge or disability ceases Explanation: According to Section 7 of The Limitation Act, 1908, the legally correct resolution is "It will not run against any of them until one becomes capable of giving discharge or disability ceases". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 According to Section 2(10), "suit" does not include: A) An appeal or application B) A trial C) A plaint D) A civil proceeding Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "An appeal or application". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Section 8 dictates that the period of limitation cannot be extended for more than how many years from the cessation of the disability? A) One year B) Two years C) Three years D) Twelve years Explanation: According to Section 8 of The Limitation Act, 1908, the legally correct resolution is "Three years". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Under Section 11(2), can a foreign rule of limitation be a defense to a suit in Bangladesh? A) Always B) Never C) Only if the defendant requests it D) Yes, if it extinguished the contract and parties were domiciled there during the prescribed period Explanation: According to Section 11 of The Limitation Act, 1908, the legally correct resolution is "Yes, if it extinguished the contract and parties were domiciled there during the prescribed period". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 In computing the period of limitation, the day from which such period is to be reckoned shall be: A) Excluded B) Counted as half a day C) Included D) Left to the judge's discretion Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Excluded". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 An instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight is a: A) Bill of exchange B) Promissory note C) Bond D) Cheque Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Promissory note". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Under Section 2(11), which of the following is NOT a "trustee"? A) A benamider B) An express trustee C) A manager of a religious endowment D) A legally appointed guardian Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "A benamider". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Section 14 provides for the exclusion of time of a proceeding prosecuted bona fide in a Court: A) In a foreign country B) With proper jurisdiction C) Without jurisdiction D) During holidays Explanation: According to Section 14 of The Limitation Act, 1908, the legally correct resolution is "Without jurisdiction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Does Section 10 apply to managers of Hindu, Muslim, or Buddhist religious or charitable endowments? A) No B) Yes, they are deemed to be trustees thereof C) Only to Muslim endowments D) Only to Hindu endowments Explanation: According to Section 10 of The Limitation Act, 1908, the legally correct resolution is "Yes, they are deemed to be trustees thereof". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 What is the exception to Section 9 (continuous running of time)? A) If the court goes on vacation B) If the plaintiff goes abroad C) If the defendant goes bankrupt D) If letters of administration to the estate of a creditor have been granted to his debtor Explanation: According to Section 9 of The Limitation Act, 1908, the legally correct resolution is "If letters of administration to the estate of a creditor have been granted to his debtor". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 What is the short title of the Act? A) The Suits and Limitation Act, 1908 B) The Limitation Act, 1909 C) The Limitation Act, 1908 D) The Bangladesh Limitation Act, 1908 Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "The Limitation Act, 1908". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Under Section 13, whose absence from Bangladesh is excluded from the computation of time? A) The Judge's B) The Witnesses' C) The Plaintiff's D) The Defendant's Explanation: According to Section 13 of The Limitation Act, 1908, the legally correct resolution is "The Defendant's". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Is a wrong-doer in possession without title considered a "trustee" under the Act? A) Yes, if possession is over 12 years B) Yes, always C) Depends on the court's discretion D) No Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "No". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Against a company being wound up by the Court, when is a claim considered instituted? A) When the winding-up order is passed B) When the company assets are sold C) When the court acknowledges the claim D) When the claimant first sends in his claim to the official liquidator Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "When the claimant first sends in his claim to the official liquidator". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Under Section 5, an appeal may be admitted after the period of limitation if the appellant satisfies the Court that: A) He is willing to pay a penalty B) The opposing party agrees C) He had sufficient cause for not preferring the appeal D) He was busy with personal work Explanation: According to Section 5 of The Limitation Act, 1908, the legally correct resolution is "He had sufficient cause for not preferring the appeal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 If a disability continues up to the death of the person, who can institute the suit? A) No one B) Any relative C) His legal representative D) The Government Explanation: According to Sections 6, 7 & 8 (Legal Disability) of The Limitation Act, 1908, the legally correct resolution is "His legal representative". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 According to Section 2(1), "applicant" includes: A) The legal representative of the defendant B) Only the person submitting the application C) The presiding judge D) Any person from or through whom an applicant derives his right to apply Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Any person from or through whom an applicant derives his right to apply". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 According to Section 8, Sections 6 and 7 do NOT apply to suits to enforce: A) Property rights B) Rights of pre-emption C) Contractual breaches D) Money decrees Explanation: According to Section 8 of The Limitation Act, 1908, the legally correct resolution is "Rights of pre-emption". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 According to the Explanation in Section 5, what can be a "sufficient cause"? A) Being misled by any order, practice, or judgment of the High Court Division B) Being out of the country on vacation C) Lack of funds D) Ignorance of the law Explanation: According to Section 5 of The Limitation Act, 1908, the legally correct resolution is "Being misled by any order, practice, or judgment of the High Court Division". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 To which territory does the Limitation Act, 1908 extend? A) Outside Bangladesh B) To the whole of Bangladesh C) To urban areas only D) Only to specific divisions Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "To the whole of Bangladesh". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 In ordinary cases, when is a suit instituted? A) When the plaint is presented to the proper officer B) When the judge hears the case C) When the defendant is served a notice D) When court fees are paid Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "When the plaint is presented to the proper officer". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Is the time requisite for obtaining a copy of the decree appealed from excluded? A) Only in criminal cases B) Only if the judge permits C) Yes D) No Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Yes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 Under Section 12(4), for an application to set aside an award, what time is excluded? A) Time spent in mediation B) 30 days flat C) No time is excluded D) Time requisite for obtaining a copy of the award Explanation: According to Section 12 of The Limitation Act, 1908, the legally correct resolution is "Time requisite for obtaining a copy of the award". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 On what date did the rest of the Limitation Act, 1908 come into force? A) First day of January, 1908 B) First day of July, 1908 C) First day of January, 1909 D) First day of July, 1909 Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "First day of January, 1909". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 According to Section 2(6), "foreign country" means: A) Neighboring countries only B) Countries without a bilateral treaty C) Any country other than Bangladesh D) Any country outside Asia Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Any country other than Bangladesh". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 If the defense does not set up limitation as a defense, what must the court do to a time-barred suit? A) Issue a show-cause notice B) Ask the plaintiff for an explanation C) Dismiss it D) Accept it Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Dismiss it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 When is a suit instituted in the case of a pauper? A) When the court grants leave B) When the plaint is presented C) When the defendant appears D) When his application for leave to sue as a pauper is made Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "When his application for leave to sue as a pauper is made". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Which sections of the Limitation Act, 1908 came into force at once? A) Sections 1 and 2 B) Sections 1 and 31 C) Sections 3 and 5 D) Only Section 1 Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Sections 1 and 31". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Which of the following is considered a legal disability under Section 6? A) Imprisonment B) Being a minor, insane, or an idiot C) Insolvency D) Poverty Explanation: According to Section 6 of The Limitation Act, 1908, the legally correct resolution is "Being a minor, insane, or an idiot". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 If a person is affected by two disabilities when the time is to be reckoned, when does the time run? A) After both disabilities have ceased B) After the first disability ceases C) Time does not stop for two disabilities D) The court decides Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "After both disabilities have ceased". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 "Defendant" under Section 2(4) includes: A) Any person from or through whom a defendant derives his liability to be sued B) The court official C) Only the person originally sued D) The plaintiff's lawyer Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Any person from or through whom a defendant derives his liability to be sued". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 A right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another is an: A) Easement B) Tenancy C) Ownership D) Agreement Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Easement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Does Section 5 (extension of period) apply to original suits? A) Yes, for property disputes B) Yes C) No, it generally applies to appeals and applications D) Yes, if the judge allows Explanation: According to Section 5 of The Limitation Act, 1908, the legally correct resolution is "No, it generally applies to appeals and applications". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Is a suit against an express trustee for following trust property barred by any length of time? A) No, it shall not be barred by any length of time B) Yes, after 12 years C) Yes, after 30 years D) Yes, after 3 years Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "No, it shall not be barred by any length of time". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 What is the consequence of instituting a suit after the prescribed period of limitation? A) It shall be stayed B) It shall be dismissed C) It shall be accepted with a fine D) It depends on the defendant's plea Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "It shall be dismissed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 (Illustration) A sues for a legacy. Accruer during minority. He attains majority 11 years later. Ordinary law leaves 1 year. Under Sections 6 and 8, how much time does he have from attaining majority? A) 3 years B) 1 year C) 12 years D) 2 years Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "3 years". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 (Illustration) A right to sue accrues to Z during minority. While still a minor, he becomes insane. When does time run against Z? A) When insanity ceases B) When minority ceases C) When both insanity and minority cease D) From the date of accruer Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "When both insanity and minority cease". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. The average score is 0% 0% Send feedback đ Practice More Model Tests (Limitation Act English): Next: Limitation Act Model Test 2 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
