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Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a person with disability, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the schedule, instead of 'a person with disability', the Act specifies three types of disabilities. Which of the following is not stated in the Act?
A
A minor
B
An insane
C
An idiot
D
A visually challenged
Correct Answer:
A visually challenged
Section 6 of the Limitation Act lays down that where a person entitled to institute a suit, etc. is, at the time hom which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit, etc., within the same period after the disability has ceased, as would otherwise have been allowed from the time specified in the Schedule.
A
Section 6 does not provide for a fresh starting point of limitation
B
Section 6 does not prevent running of limitation but only extends the period of limitation
C
Both (A) and (B) are correct
D
Both (A) and (B) are incorrect
When a persons entitled to institute a suit is suffering from a legal disability he may institute the suit within the same period after the disability has ceased as would otherwise have been allowed under Section:
A
5 of the Limitation Act
B
3 of the Limitation Act
C
10 of the Limitation Act
D
6 of the Limitation Act
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
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
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
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.
A
A has no right of private defense because it is available against an offender only
B
A has the same right of private defense against Z, which he would have had if Z was not acting under a misconception
C
A has exceeded his right of private defense
D
None of the above
In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
A
Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14
B
No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14
C
The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply
D
None of these
In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?
1. The words, 'where assets are held by a court,' have been substituted for words, 'whenever assets are realised by sale or otherwise in execution of a degree.'
2. The words, 'before the receipt of such assets,' have been substituted for the words, 'prior to the realisation'
3. The words, 'by which such assets are held' are omitted after the words 'made application to the court'
4. The word, 'passed' has been added after the word, 'money'
5. The words, 'interest in,' in cl. (b) have been substituted for the words, 'right against' to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration
A
1, 3
B
2, 4
C
4, 5
D
All of these
Which of the following statements are true/false?
1. Every worker who has worked fora period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages.
2. A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child shall, before his leave begins, be paid the wages due for the period of the leave allowed.
3. If a worker works in a factory works for more than nine hours in any day or for more than 40 hours in any week, he shall, in respect of overtime work, be entitled to wagesat the rate oftwicehis ordinary rate of wages.4. The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest, they shall not spread over more than eleven and a half hours in any day.
A
1, 4 are true and 2, 3 are false
B
1, 2 are true and 3, 4 are false
C
2, 4 are true and 1, 3 are false
D
3, 4 are true and 2, 1 are false
Read the passage carefully and choose the best answer to each question out of the four alternatives and click the button corresponding to it.
Ants have been living on the earth for more than 100 million years and can be found almost anywhere on the planet. It is estimated that there are about 20000 different species of ants. For this reason ants have been called Earth's most successful species. If you watch ants for any length of time you will see that they really do communicate with each other and very effectively too. Ants communicate by touching each other with their antennae. Ants also use chemicals called pheromones to leave scent trails for other ants to follow. Ants build many different types of homes. Many ants build simple little mounds out of dirt or sand. Other ants use small sticks mixed with dirt and sand to make a stronger mound that offers protection from rain. Western Harvester ants make a small mound on top, but then tunnels up to 15 feet straight down to hibernate during winter. Ant mounds consist of many chambers connected by tunnels. Different chambers are used for nurseries, food storage, and resting places for the worker ants. Some ants live in wood like termites. Army ants don't make a home at all but travel in a large groups searching for food. Ants are social insects which means they live in large colonies or groups. Some colonies consist of millions of ants. There are three types of ants in each species, the queen, the sterile female workers and males. The male ants only serve one purpose, to mate with future queen ants and do not live very long. The queen grows to adulthood, mates, and then spends rest of her life laying eggs. A colony may have only one queen, or there may be many queens depending on the species. Ants go through four stages of development: egg, larva, pupa and adult.
Why are ants called the 'Earth's' most successful species?
A
Because they have been on earth for more than a 100 million years
B
Because they can be found anywhere on earth
C
Because they have been on earth for more than a 100 million years and because they can be found anywhere on earth
D
Because there are 2000 different species of ants on earth