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Rule: Courts are under an obligation to inform the parties where an appeal lies. A lower court judge pronounced a judgment after hearing lengthy arguments from plaintiff's and defendant's advocates. He did not inform the parties about the period of limitation for filing an appeal under latest amendment. The plaintiff failed to appeal on time and requested the higher court for condonation of delay on the ground that the lower court judge failed to fulfil his obligation as he was not informed about the appeal. Will the higher court consider this ground as sufficient cause for condonation of delay?
A
Yes
B
No
C
Yes, only if both the parties agree
D
None of the above
Correct Answer:
No
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
Each of the following problem has a question and two statements which are labeled 1. and. Use the data given in 1. and 2. to decide whether the statements are sufficient to answer the question.Select one of the following . a.Statements (1) ALONE is sufficient,but (2) ALONE is not sufficient. b.Statements (2) ALONE is sufficient,but (1) ALONE is not sufficient. c. Both statement TOGETHER are sufficient but statement alone is sufficient .How many minutes are there is time period T? (1) Time period T extends from 12.00 midnight to 12.00 noon.(2) Time period T is 2 hours and 180 seconds long.
A
A
B
B
C
C
D
D
Assertion (A): Section 5 of Limitation Act, 1963 empowers the Court to admit a suit after the prescribed period if the plaintiff satisfies the Court that he had sufficient cause for not instituting the suit.
Reason (R): Even an appeal may be admitted after the prescribed period if the appellant shows sufficient cause for not preferring the appeal within the prescribed period.
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
A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
A
1, 2 and 3
B
1, 3 and 4
C
2, 3 and 4
D
All of the avove
During the pendency of an appeal by the four defendants in the suit, one of the appellants (defendants) dies and no steps for substitution of his legal representatives are taken and the appeal in so far as it relates to the said appellant abates. The five respondents (plaintiffs) apply for dismissal of the entire appeal as abated. Answer whether:
A
The entire appeal abates and has to be dismissed
B
The entire appeal abates only if the cause of action against all the defendants was one and allowing the appeal of the other defendants would lead to inconsistent decrees
C
The appeal only of the decreased appellant abates and as far as the other defendants (appellants) are concerned has to continue
D
The proceedings in the appeal have to be stayed and a second appeal is required to be filed for determination of this question
Statement A: When a court of Sessions passes a sentence of death, the court shall, according to Rule 102of the General Rules (Criminal) 1980, commit the prisoner by a warrant in the appropriate form to the jail from which he came to stand his trial, and shall submit its proceedings to the High Court at the latest on the fourth day after the sentence of death has been pronounced.
Statement B: When a court of Sessions passes a sentence against a female prisoner to death, according to Rule 104 of the General Rules (Criminal) 1980, it shall consider after enquiring from such prisoner herself, if necessary, whether she is pregnant and if it thinks that it is likely, it shall have her examined by the District Medical Officer or such other doctor as it may consider fit and if it finds that she is in fact pregnant, it shall make a report to the High Court.
A
Both the aforesaid statements are correct
B
Statement A is correct and Statement B is incorrect
C
Statement B is correct and Statement A is incorrect
D
None of them is correct
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
Which section of the Limitation Act prescribes that in computing the period of limitation for any suit, appeal or application, for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded:
A
Section 11
B
Section 12
C
Section 13
D
Section 14
Which section of the Limitation Act prescribes that in computing the period of limitation any suit, appeal or application, for leave to appeal or for revision or for review of a judgment the day on which the judgment complained of was pronounced and the time requisite obtaining a copy of the decree, sentence or order appealed from or sought to be revised reviewed shall be excluded:
A
Section 11
B
Section 12
C
Section 13
D
Section 14