The Limitation Act, 1908 Model Test 3 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ Limitation Act Model Test 3 (English) The Limitation Act, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Does Section 6(1) apply to applications for the execution of a decree? A) Only decree of possession B) No C) Yes D) Only monetary decrees 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. 2 / 50 Can a person affected by a legal disability institute a suit during the disability? A) Only if the defendant agrees B) No, strictly prohibited C) Only with the President's permission D) Yes, through legal representatives or next friends Explanation: According to Sections 6, 7 & 8 (Legal Disability) of The Limitation Act, 1908, the legally correct resolution is "Yes, through legal representatives or next friends". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Does Section 18 allow computing time against an innocent purchaser who claims through a fraudster? A) Only if the property is moveable B) No, not if they claim in good faith and for a valuable consideration C) Always D) Yes Explanation: According to Section 18 of The Limitation Act, 1908, the legally correct resolution is "No, not if they claim in good faith and for a valuable consideration". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Which Act substituted the words "High Court Division" for "High Court" in the Limitation Act, 1908? A) The Constitution of Bangladesh B) The Supreme Court Act C) The Law Reform Ordinance, 1978 D) Bangladesh Laws (Revision and Declaration) Act, 1973 Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Bangladesh Laws (Revision and Declaration) Act, 1973". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 Section 14(1) requires the prior proceeding to have been prosecuted due to a defect of jurisdiction or: A) Other cause of a like nature B) Witness absence C) Lack of evidence D) Fraud by the defendant Explanation: According to Section 14 of The Limitation Act, 1908, the legally correct resolution is "Other cause of a like nature". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 According to Section 3, when is a suit instituted in the case of a claim against a wound-up company? A) When the liquidator is appointed B) When the claimant first sends in his claim to the official liquidator C) When the court confirms the claim D) On the date of winding up Explanation: According to Section 3 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. 7 / 50 Under Section 11(2), what two conditions make a foreign rule of limitation a valid defense in Bangladesh? A) Claim exceeds 10k Taka AND defendant is foreigner B) Contract extinguished by rule AND parties domiciled there C) Plaintiff agrees AND court approves D) Contract is written AND notarized Explanation: According to Section 11 of The Limitation Act, 1908, the legally correct resolution is "Contract extinguished by rule AND parties domiciled there". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 Under Section 7, what is required for time to run against jointly entitled persons when one is disabled? A) A court order B) The capable persons must wait C) A discharge can be given without the concurrence of the disabled person D) The disabled person must consent Explanation: According to Section 7 of The Limitation Act, 1908, the legally correct resolution is "A discharge can be given without the concurrence of the disabled person". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Does Section 17 (effect of death) apply to suits for the possession of an hereditary office? A) Only for religious offices B) No C) Yes D) Only for government offices Explanation: According to Section 17 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. 10 / 50 Under Section 12(3), when appealing a decree, what time is excluded besides the copy of the decree? A) Public holidays B) Time spent hiring a lawyer C) Travel time D) Time requisite for obtaining a copy of the judgment on which it is founded Explanation: According to Section 12 of The Limitation Act, 1908, the legally correct resolution is "Time requisite for obtaining a copy of the judgment on which it is founded". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 (Illustration) Landlord A is an idiot. Dies 3 yrs later, idiocy continuing. Representative has 9 yrs under ordinary law. Does Sec 6 extend this? A) The right is extinguished B) Yes, adds 3 years C) No, it does not extend the time D) Yes, adds 12 years Explanation: According to Section 6 of The Limitation Act, 1908, the legally correct resolution is "No, it does not extend the time". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 Section 21(2): If one of several joint mortgagees signs a written acknowledgment, does it charge the other mortgagees? A) No, not by reason only of that signature B) Only if they are a married couple C) Yes, jointly and severally D) Yes, if they hold equal shares Explanation: According to Section 21 of The Limitation Act, 1908, the legally correct resolution is "No, not by reason only of that signature". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Section 19 Explanation III: An application for the execution of a decree or order is considered an application in respect of a: A) Right B) Liability C) Contract D) Privilege Explanation: According to Order i of The Limitation Act, 1908, the legally correct resolution is "Right". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Section 20, payment of interest on a legacy must be made: A) Exactly on the due date B) After the limitation period ends C) Before the expiration of the prescribed period D) At the time of filing the suit Explanation: According to Section 20 of The Limitation Act, 1908, the legally correct resolution is "Before the expiration of the prescribed period". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 Under Sec 2(5), an easement allows someone to appropriate part of the soil belonging to: A) A trust B) Another person C) The Government D) Himself Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "Another person". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Is a mortgagee remaining in possession after the mortgage is satisfied considered a "trustee"? A) Yes, if ordered by the court B) No C) Only for one year D) Yes 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. 17 / 50 Under Section 17(1), if a person dies before a right to sue accrues, time is computed from when a capable rep exists. Does this apply if the defendant dies? A) Only for contracts B) No, only the plaintiff C) Only for debts D) Yes, Section 17(2) provides the same rule Explanation: According to Section 17 of The Limitation Act, 1908, the legally correct resolution is "Yes, Section 17(2) provides the same rule". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 Does Section 5 explicitly mention an application for "leave to appeal"? A) No B) Yes C) Only for criminal cases D) Only for Supreme Court Explanation: According to Section 5 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. 19 / 50 Under Sec 14 Explanation III, what is deemed to be a cause of a like nature with defect of jurisdiction? A) Bankruptcy B) Forgery C) Misjoinder of parties or of causes of action D) Non-payment of fees Explanation: According to Section 14 of The Limitation Act, 1908, the legally correct resolution is "Misjoinder of parties or of causes of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Section 13 states that the time a defendant is absent from territories under whose administration is excluded? A) The UN B) The Government C) Foreign powers D) The British Crown Explanation: According to Section 13 of The Limitation Act, 1908, the legally correct resolution is "The Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Section 19 Explanation I: Is an acknowledgment sufficient if it is accompanied by a refusal to pay, deliver, or perform? A) Only for small debts B) Yes C) Only if the refusal is polite D) No, it nullifies it Explanation: According to Section 19 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. 22 / 50 Under Sec 14 Explanation I, in excluding the time of a former pending suit, is the day it ended counted in the excluded time? A) Court's discretion B) No C) Only if it was a working day D) Yes Explanation: According to Section 14 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. 23 / 50 What suspends the running of time for recovering a debt according to the proviso of Section 9? A) Letters of administration to the estate of a creditor being granted to his debtor B) The creditor falling ill C) The debtor leaving the country D) A national emergency Explanation: According to Section 9 of The Limitation Act, 1908, the legally correct resolution is "Letters of administration to the estate of a creditor being granted to his debtor". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 Under Section 10, does the exemption from limitation apply to "assigns for valuable consideration" of a trustee? A) No, they are explicitly excluded B) Yes C) Only for real estate D) Only if the assignment was secret Explanation: According to Section 10 of The Limitation Act, 1908, the legally correct resolution is "No, they are explicitly excluded". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Does the definition of "promissory note" include a note payable on demand? A) Only for bank notes B) Only if specified in a separate contract C) No D) Yes 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. 26 / 50 Under Sec 15(1), if the execution of a decree is stayed by an injunction, is the day the injunction was withdrawn excluded? A) No B) Depends on the judge C) Yes D) Counted as half day Explanation: According to Section 15 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. 27 / 50 Section 16 relates to the exclusion of time for proceedings to set aside what kind of sale? A) Sale in execution of a decree B) Private property sale C) Sale of stolen goods D) Auction by a bank Explanation: According to Section 16 of The Limitation Act, 1908, the legally correct resolution is "Sale in execution of a decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Does Section 14(2) apply to suits or applications? A) Any application B) Only criminal cases C) Only appeals D) Only suits Explanation: According to Section 14 of The Limitation Act, 1908, the legally correct resolution is "Any application". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Sec 14 Explanation I, is the day the former suit was instituted counted in the excluded time? A) Yes B) Only for commercial suits C) No D) Only for civil suits Explanation: According to Section 14 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. 30 / 50 Is "good faith" presumed if an act is done with honest intent but without due care? A) Yes B) The judge decides C) Yes, in minor offenses D) No, due care and attention are mandatory Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "No, due care and attention are mandatory". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 Section 22(2): Does the rule of new limitation starting upon substitution apply when a plaintiff is made a defendant? A) Only in property disputes B) Only in tort claims C) No, Section 22(1) does not apply to this case D) Yes Explanation: According to Section 22 of The Limitation Act, 1908, the legally correct resolution is "No, Section 22(1) does not apply to this case". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Does an easement arise from a contract according to Sec 2(5)? A) Yes, always B) No, a right not arising from contract C) Yes, if written D) Depends on the situation Explanation: According to Section 2 of The Limitation Act, 1908, the legally correct resolution is "No, a right not arising from contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Under Section 8, does Section 6 or 7 apply to suits to enforce rights of pre-emption? A) No, it is a special exception B) Only for family property C) Only in rural areas D) Yes Explanation: According to Section 8 of The Limitation Act, 1908, the legally correct resolution is "No, it is a special exception". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 (Illustration) Right to sue for hereditary office while insane. Recovers reason 6 yrs later. Ordinary law gives 6 yrs. Does Sec 6 extend this? A) Yes, by 12 years B) Yes, by 3 years C) No extension of time will be given D) Time is halved Explanation: According to Section 6 of The Limitation Act, 1908, the legally correct resolution is "No extension of time will be given". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Section 19 Explanation I: Is an acknowledgment sufficient if it claims a set-off? A) Only if the set-off is larger B) No C) Only if the set-off is smaller D) Yes Explanation: According to Section 19 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 Does a "bond" obligate a person to pay money if a specified act is NOT performed? A) It is an unconditional promise B) No, only if it IS performed C) Yes, it applies whether the act is performed or not performed D) It only applies to property transfer Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Yes, it applies whether the act is performed or not performed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Under Section 21(1), can an agent duly authorized by a manager sign an acknowledgment for a disabled person? A) Yes B) No, only the manager himself C) Only a lawyer can do it D) Only a relative can do it Explanation: According to Section 21 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. 38 / 50 Section 19 Explanation I: Must an acknowledgment be addressed directly to the person entitled to the right? A) It must be published publicly B) It must be addressed to the court C) No, it may be addressed to a person other than the person entitled D) Yes, strictly Explanation: According to Section 19 of The Limitation Act, 1908, the legally correct resolution is "No, it may be addressed to a person other than the person entitled". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 According to the Explanation in Section 20, "Debt" includes money payable under a: A) Void contract B) Decree or order of Court C) Verbal agreement only D) Moral obligation Explanation: According to Section 20 of The Limitation Act, 1908, the legally correct resolution is "Decree or order of Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 (Illustration) Right to sue accrues to X during minority. X dies. Minor son Y succeeds. When does time run against Y? A) From the date Y attains majority B) From X's date of death C) From the original date of accruer D) It doesn't run at all Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "From the date Y attains majority". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 (Illustration) Debt to firm E, F, G. E & F insane, G minor. When will time run against them? A) Never B) Immediately C) When G attains majority, or either E or F becomes sane D) After 3 years Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "When G attains majority, or either E or F becomes sane". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Is a "hundi" specifically mentioned in the definition of a bill of exchange? A) Only in commercial disputes B) No C) Only if registered D) Yes 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. 43 / 50 Under Section 20(2), what constitutes "payment" for mortgaged land in possession of the mortgagee? A) Filing a tax return B) Paying the local taxes C) Receipt of the rent or produce of such land D) Sending a notice Explanation: According to Section 20 of The Limitation Act, 1908, the legally correct resolution is "Receipt of the rent or produce of such land". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Under Sec 5, who must satisfy the court about "sufficient cause"? A) The public prosecutor B) The court clerk C) The appellant or applicant D) The respondent Explanation: According to Section 5 of The Limitation Act, 1908, the legally correct resolution is "The appellant or applicant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 The footnote indicates that the word "Bangladesh" was substituted for which word in the original Act? A) India B) East Pakistan C) Pakistan D) Bengal Explanation: Under the statutory provisions of The Limitation Act, 1908, the legally correct resolution is "Pakistan". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Does a "suit" include an application? A) No B) Yes C) Only interlocutory applications D) Yes, if filed together 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. 47 / 50 Are sections 4 to 25 inclusive acting as exceptions to the general rule of dismissal in Section 3? A) Only sections 4 to 10 B) No C) Only sections 12 to 25 D) Yes Explanation: According to Section 3 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. 48 / 50 Section 21(3)(a): An acknowledgment by a Hindu widow binds whom? A) No one B) A reversioner succeeding to such liability C) The Government D) Her children only Explanation: According to Section 21 of The Limitation Act, 1908, the legally correct resolution is "A reversioner succeeding to such liability". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Which section of the Code of Civil Procedure, 1908 is directly referenced in Section 6(1)? A) Section 11 B) Section 10 C) Section 151 D) Section 48 Explanation: According to Section 6 of The Limitation Act, 1908, the legally correct resolution is "Section 48". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 Section 20 requires the acknowledgment of payment to be in handwriting or signed. What is the exception to this rule? A) Payment of interest made before the 1st day of January, 1928 B) Payment of principal before 1950 C) Payments made by the government D) Payments under 100 Taka Explanation: According to Section 20 of The Limitation Act, 1908, the legally correct resolution is "Payment of interest made before the 1st day of January, 1928". 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): âŦ ī¸ Previous: Limitation Act Model Test 2 Next: Limitation Act Model Test 4 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
