Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
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
Correct Answer:
14
Which of the followingconditions has to be satisfied for the application of Section 14, Limitation Act, 1963?
1. Both the prior and subsequent proceeding are civil proceedings prosecuted by the same party
2. The prior proceedings had been prosecuted with due diligence and in good faith
3. The failure of the prior proceedings was due to defect of jurisdiction or cause of the nature
4. The earlier proceedings and later proceeding must relate to the same matter in issue
5. Both the proceedings are in Court
A
1, 3, 5
B
2, 4, 5
C
1, 5
D
All of these
Where a plaintiff has been prosecuting with due diligence and in good faith, another civil proceeding, relating to the same matter in issue, in a court which, from defect of jurisdiction is unable to entertain it, the period so spent by the plaintiff is Iiable to be excluded in computing the period of limitation for a suit, under
A
Section 12 of Limitation Act
B
Section 13 of Limitation Act
C
Section 14 of Limitation Act
D
Section 15 of 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
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
Consider the following statements:
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Of the above statements:
A
1, 2 and 3 are incorrect
B
2 and 3 are incorrect
C
1 and 3 are incorrect
D
1 and 4 are incorrect
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
A
Mischief
B
Threat
C
Assault
D
Battery
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
X had made some communications to his wife Y during their marriage under Section 122 of the Evidence Act, the correct proposition are:
1. X can be compelled to disclose such communications before the Court, if Y consents, in any proceeding.
2. X can be compelled to disclose such communication whether Y consents or not in any proceedings
3. Y can be compelled to disclose such communication whether X consents or not in a divorce proceedings between them
4. Y may be permitted by Court, if deems fit, to disclose any such communication in a criminal proceedings not between X and Y.
A
1, 3, 4 are not correct
B
1, 2, 3 are not correct
C
2, 3, 4 are not correct
D
2, 4 are not correct