The Limitation Act, 1908 Model Test 2 (English)

Limitation Act Model Test 2 (English)

The Limitation Act, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Section 24, for an act not actionable without special damage, when does the period of limitation begin?

A) When the plaintiff discovers the act

B) When the defendant admits liability

C) When the injury results

D) When the act is done

2 / 50

Does a written acknowledgment signed by one of several joint partners automatically bind the other partners under Section 21(2)?

A) No, it does not render others chargeable by reason only of that signature

B) Yes, always

C) Yes, if they are blood relatives

D) Yes, if the business is registered

3 / 50

According to Section 25, all instruments shall be deemed to be made with reference to which calendar?

A) Bengali calendar

B) Hijri calendar

C) Gregorian calendar

D) Julian calendar

4 / 50

"Signed" in Section 19 means signed:

A) Only personally

B) Either personally or by an agent duly authorized

C) By a magistrate

D) Only by an agent

5 / 50

According to Section 14 (Explanation II), a plaintiff resisting an appeal is deemed to be:

A) Wasting time

B) Delaying the court

C) Waiving his rights

D) Prosecuting a proceeding

6 / 50

Under Section 18, if a necessary document is fraudulently concealed, limitation starts when:

A) The court orders a search

B) The person first had the means of producing it or compelling its production

C) The police are informed

D) The defendant confesses

7 / 50

If an easement is claimed over Government property, what is the required period of continuous enjoyment?

A) 30 years

B) 60 years

C) 100 years

D) 20 years

8 / 50

Under Section 20, what is the effect of payment on account of a debt before the expiration of the prescribed period?

A) The limitation is halved

B) The debt is forgiven

C) A fresh period of limitation shall be computed from the time payment was made

D) It has no effect on limitation

9 / 50

Under Section 17, if a person dies before a right to sue accrues to him, limitation is computed from when?

A) Date the cause of action happened

B) Date of death

C) Time when there is a legal representative capable of instituting the suit

D) One year after death

10 / 50

If any special law prescribes a different period of limitation, how does Section 3 apply?

A) The special law is void

B) It applies as if the period were prescribed in the first schedule of the Limitation Act

C) The High Court decides

D) Section 3 does not apply

11 / 50

Are Sections 30, 31, and 32 still active parts of the Limitation Act, 1908?

A) Yes

B) They are suspended

C) Only Section 30 is active

D) No, they have been repealed

12 / 50

Under Section 21(1), the expression "agent duly authorised" for a person under disability includes:

A) His lawful guardian, committee or manager

B) His neighbor

C) His elder sibling

D) Any lawyer

13 / 50

Does Section 28 extinguish the right itself or merely bar the remedy?

A) Creates a new right

B) Merely bars the remedy

C) Converts it to a tenancy

D) Extinguishes the right to such property

14 / 50

Does an acknowledgment need to specify the exact nature of the property or right to be valid under Section 19?

A) Yes, strictly

B) No, it may be sufficient even if it omits the exact nature

C) Only for debts over 1 lakh Taka

D) Only for real estate

15 / 50

In territories where the Easements Act, 1882 extends, do Sections 26 and 27 of the Limitation Act apply?

A) At the judge's discretion

B) Partially

C) Yes

D) No, they shall not apply

16 / 50

Under Section 16, for a suit for possession by a purchaser at an execution sale, what time is excluded?

A) Time during which a proceeding to set aside the sale has been prosecuted

B) Time the court was closed

C) 60 days

D) The time the buyer took to arrange funds

17 / 50

According to Section 14 (Explanation III), misjoinder of parties is deemed to be:

A) A fatal error

B) Non-excusable

C) A cause of a like nature with defect of jurisdiction

D) A fraudulent act

18 / 50

In Section 20, "Debt" includes:

A) Only verbal promises

B) Moral obligations

C) Only bank loans

D) Money payable under a decree or order of Court

19 / 50

If a suit requires a mandatory notice period under any enactment, is that notice period excluded from limitation?

A) Only if it exceeds 30 days

B) No

C) Yes

D) Only for government suits

20 / 50

According to the Explanation in Section 26, is an interruption valid if it is not submitted to or acquiesced in for one year after the claimant has notice?

A) Yes

B) Only for light and air

C) Only for water rights

D) No, it is not an interruption within the meaning of the section

21 / 50

Under Section 26, how long must access and use of light or air be peaceably enjoyed to become an absolute easement against a private party?

A) 12 years

B) 30 years

C) 60 years

D) 20 years

22 / 50

Under Section 27, within how many years after the determination of the life interest must the reversioner resist the claim?

A) One year

B) Three years

C) Two years

D) Twelve years

23 / 50

(Illustration) Plaintiff proves open enjoyment of a right of way from 1890 to 1910. Suit brought in 1911. Is he entitled to judgment?

A) No

B) Only against the government

C) Yes

D) Only if he shows a deed

24 / 50

For a payment to start a fresh period under Section 20, the acknowledgment of payment must appear in:

A) The handwriting of, or in a writing signed by the person making the payment

B) The creditor's ledger only

C) A bank statement

D) A stamped receipt only

25 / 50

Does the Limitation Act, 1908 apply to suits under the Divorce Act (Section 29(3))?

A) Only for child custody

B) Only for property settlements

C) No, nothing in this Act applies to suits under the Divorce Act

D) Yes, fully

26 / 50

According to Section 29(1), nothing in the Limitation Act shall affect Section 25 of which Act?

A) The Transfer of Property Act, 1882

B) The Evidence Act, 1872

C) The Contract Act, 1872

D) The Penal Code, 1860

27 / 50

(Illustration) B digs coal under A's surface field. Surface subsides later. When does A's limitation period against B run?

A) From the time of the subsidence

B) Never

C) From the time B started digging

D) From the time A bought the field

28 / 50

What is the form requirement for an acknowledgment under Section 19?

A) It must be notarized

B) It must be in writing and signed

C) It must be typed

D) It must be registered

29 / 50

The 20-year period for acquiring an easement must end within how many years next before the institution of the suit?

A) Three years

B) Two years

C) Five years

D) One year

30 / 50

Under Section 20(2), if mortgaged land is in the possession of the mortgagee, what is deemed to be a payment?

A) Selling the land

B) Receipt of the rent or produce of such land

C) Paying land tax

D) Foreclosure

31 / 50

What is the effect of a valid acknowledgment under Section 19?

A) The limitation period is extended by 6 months

B) A fresh period of limitation shall be computed from the time it was signed

C) The suit is automatically won

D) It stops time permanently

32 / 50

When a special law prescribes a different limitation, which sections of the Limitation Act apply (unless expressly excluded)?

A) Section 4, Sections 9 to 18, and Section 22

B) All sections

C) Only Section 5

D) None of the sections

33 / 50

(Illustration) Plaintiff enjoyed right for 20 years but defendant proves plaintiff asked his leave once during that time. Result of the suit?

A) Plaintiff wins

B) Restart 20-year count

C) Suit shall be dismissed

D) Plaintiff must pay rent

34 / 50

In excluding the time of a former pending suit under Section 14 (Explanation I), which days are counted?

A) Only the day it ended

B) Neither

C) Both the day it was instituted and the day it ended

D) Only the day it was instituted

35 / 50

An acknowledgment made by the manager of a Hindu undivided family (Section 21(3)):

A) Requires consent of all members

B) Is invalid

C) Is deemed to have been made on behalf of the whole family

D) Binds only the manager

36 / 50

(Illustration) A Hindu makes a note bearing a Native date, payable 4 months after date. Limitation is computed according to:

A) Whichever is shorter

B) The Native calendar

C) The Gregorian calendar

D) Whichever is longer

37 / 50

Under Section 23, in the case of a continuing breach of contract, when does a fresh period of limitation begin to run?

A) From the first day of breach only

B) At the end of the contract

C) When a notice is served

D) At every moment of the time during which the breach continues

38 / 50

Does Section 17 apply to suits for the possession of immoveable property?

A) Only if the deceased left a will

B) No

C) Yes

D) Only in urban areas

39 / 50

Under Section 15(1), if the institution of a suit is stayed by an injunction, what happens to the time of the continuance of the injunction?

A) It is excluded

B) It bars the suit forever

C) It restarts the limitation period

D) It is included in the limitation period

40 / 50

For Section 14 to apply, the previous proceeding must have been prosecuted with:

A) Extreme wealth

B) Due diligence and in good faith

C) Written permission

D) Legal counsel

41 / 50

How must an easement (like a watercourse) be enjoyed to become indefeasible under Section 26?

A) Secretly

B) Openly, peaceably, and as of right without interruption

C) By paying rent

D) With a written contract

42 / 50

(Illustration) A enjoys right of way over B's land for 25 years. But for 10 of those years, C (a Hindu widow) had a life interest. Does A have an absolute easement if B contests within 3 years of C's death?

A) No, because 10 years are excluded, leaving only 15 years of valid enjoyment

B) Yes, 25 > 20

C) The court will divide the right

D) Yes, if A paid C

43 / 50

Under Section 22(1), when a new plaintiff or defendant is substituted or added after a suit is instituted, the suit is deemed instituted against him:

A) On the original filing date

B) From the date of the cause of action

C) At the time of the final hearing

D) When he was so made a party

44 / 50

If an acknowledgment in writing is undated, can oral evidence be given of the time it was signed?

A) No, it becomes invalid

B) Yes

C) Only if there are two witnesses

D) Only documentary evidence is allowed

45 / 50

Does Section 17 (effect of death) apply to suits to enforce rights of pre-emption?

A) Yes

B) Only for commercial properties

C) No

D) Only if the legal representative is a minor

46 / 50

Section 27 deals with the exclusion in favour of the reversioner of a servient tenement held under an interest for life or a term exceeding:

A) Three years

B) Two years

C) One year

D) Five years

47 / 50

Under Section 18, if a person is kept from the knowledge of his right to sue by fraud, when does the time begin to run?

A) From the time when the fraud first became known to the person injuriously affected

B) From the date of the contract

C) From the date the fraud was committed

D) 12 years after the fraud

48 / 50

Does Section 22(1) apply if a party is added owing to an assignment of an interest during the pendency of a suit?

A) Yes

B) Only for defendants

C) No, Section 22(2) explicitly excludes this

D) Only for plaintiffs

49 / 50

According to Section 28, what happens to a person's right to property at the determination of the period limited for instituting a suit for possession?

A) It is suspended

B) His right to such property shall be extinguished

C) He must pay a fine to retain it

D) It is transferred to the government

50 / 50

An acknowledgment of liability under Section 19 must be made:

A) Through a public notice

B) Orally

C) Before the expiration of the prescribed period

D) After the limitation period has expired

The average score is 0%

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The Limitation Act, 1908

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