Under Limitation Act, 1963, in computing the period of limitation for any suit, the day from which such period is to be reckoned

Assertion (A): Where any special or local law prescribes for any suit appeal or application a period of limitation different from period prescribed by the Schedule, the provisions of Section 3 of Limitation Act, 1963 shall apply as if such period were the period prescribed by the schedule.
Reason (R): Where a Special Law prescribes a period of limitation for filing appeal but there is no provision therefore under Limitation Act, 1963, the period of limitation provided under the Special Law must be treated to be different from that under the Limitation Act.

A

Both (A) and (R) are true and (R) is correct explanation of (A)

B

Both (A) and (R) are true but (R) is not correct explanation of (A)

C

(A) is true but (R) is false

D

(A) is false but (R) is true

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

Under Section 12, Limitation Act, 1963 in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be . . . . . . . . .

A

Included

B

Excluded

C

Either (A) or (B)

D

None of these

Statement A - In computing period of limitation for any appeal, the day from which such period is to be reckoned, shall be included.
Statement B - In computing period of limitation for any appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded.

A

Statement A is correct

B

Statement B is correct

C

Both are correct

D

Both are incorrect

Statement A: In computing period of limitation for any appeal, the day from which such period is to be reckoned, shall be included.
Statement B: In computing period of Limitation for any appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded.

A

Statement A is correct

B

Statement B is correct

C

Both are correct

D

Both are incorrect

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A

Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B

Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C

Liable to be excluded under section 14(3) of Limitation Act

D

To be excluded or not to be excluded is in the discretion of the court

Which one of the following is the correct sequence of various stages of operating cycle of a manufacturing company? 1. Raw material conversion period, work-in-progress conversion period, Finished goods conversion period, Receivables conversion period 2. Raw material conversion period, work-in-progress conversion period, Creditors payment period, Receivables conversion period 3. Creditor payment period. Raw material conversion period, Receivables conversion period, work-in- progress conversion period 4. Raw material conversion period, Finished goods conversion period, work-in- progress conversion period. Receivables conversion period

A

1

B

2

C

3

D

4

In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceedings, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which from the defect of jurisdiction is unable to entertain it. Exclusion of such period has been laid down in section . . . . . . . . . of the Limitation Act, 1963.

A

13

B

12

C

15

D

14

In which of the following case, the court has held that limitation period as provided in the Limitation Act, 1963 would extend seven years by virtue of Section 39 of the Limitation Act, since a period of 30 years. Thus making Limitation period for redemption of Mortgage as 37 years

A

Santa Singh v. Prakash Singh

B

Purshottam v. Sagaji

C

M. P. Ahmad v. Kutheravattam Estate Receiver

D

All the above cases

Any suit for which no period of Limitation is provided elsewhere in Limitation Act 1963 the period for filing a suit is

A

Three months from the date when the right to sue accrues

B

One year from the date when the right to sue accrues

C

Three years from the date when the right to sue accrues

D

Twelve years from the date when the right to sue accrues

Under Limitation Act, 1963, in computing the period of limitation for any suit, the day from which such period is to be reckoned

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