MCQ 01 May 2024

Daily MCQs for Judiciary Prelims Exams - (01 May 2024)



Question/ Answer
Question1:- Provision related to suits by or against trustees, executors and administrators is provided under
  • (a) Order 31
  • (b) Order 34
  • (c) Order 36
  • (d) Order 39
Answer is A is correct. Order 31 of CPC deals with suits by or against trustees, executors and administrators. Therefore option (a) is the correct answer.
Question2:- Limitation Act 1963 has been enacted to consolidate and amend the law of limitation of suits and other proceedings, the Act is thus
  • (a) Illustrative in nature
  • (b) Exhaustive in nature
  • (c) Provisions are illustrative while schedule is exhaustive in nature
  • (d) Both illustrative and exhaustive in nature
Answer is B is correct. Limitation Act 1963 is exhaustive in nature in respect of all matters specifically and expressly dealt with by it. No court can travel beyond the provisions of the Act. Therefore option (b) is the correct answer.
Question3:- Mark the incorrect statement
  • (a) The provisions of Limitation Act 1963 applies to suits
  • (b) The provisions of Limitation Act 1963 applies to appeals
  • (c) The provisions of Limitation Act 1963 applies to writ petitions
  • (d) All are correct statements
Answer is C is correct. A writ petition filed under Article 32 and 226 of the Constitution of India is neither a suit, appeal nor application within the meaning and substance of Limitation Act and hence the provision of Limitation Act does not apply to it. Therefore option (c) is the correct answer.
Question4:- The provisions of Limitation Act 1963 applies to
  • (a) Labour courts
  • (b) Court of law
  • (c) Election tribunal
  • (d) All of the above
Answer is B is correct. The Limitation Act applies only to courts and not to tribunals, quasi-judicial bodies or judicial authorities other than courts. Therefore option (b) is the correct answer.
Question5:- Mark the correct statement
  • (a) Section 3 of Limitation Act is not mandatory in nature and it casts a duty on the parties to file an application to claim plea of limitation
  • (b) Section 3 of Limitation Act is not mandatory in nature though it casts a duty on the court to dismiss the suit, appeal or application if it is beyond the period of limitation
  • (c) Section 3 of Limitation Act is mandatory in nature and it casts a duty on the court to dismiss the suit, appeal or application suo moto if it is beyond the period of limitation
  • (d) Section 3 of Limitation Act is mandatory in nature and it casts a duty on the court to dismiss the suit, appeal or application on the application of the party where it is beyond the period of limitation
Answer is C is correct. Section 3 is peremptory and mandatory in nature and it casts a duty on court to dismiss the suit, appeal or application when it is filed beyond the limitation period. Therefore option (c) is the correct answer.
Question6:- Actus curiae neminem gravabit is related to which provision of Limitation Act
  • (a) Section 6
  • (b) Section 4
  • (c) Section 8
  • (d) Section 3
Answer is B is correct. Actus curiae neminem gravabit means an act of court shall prejudice no one, section 4 states that where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be filed on the day the court reopens. Therefore option (b) is the correct answer.
Question7:- The case of Sawal Das v. State of Bihar is related to
  • (a) Plea of Alibi
  • (b) Rule of Res-gestae
  • (c) Rule of Estoppel
  • (d) Rule of Res-judicata
Answer is B is correct. Sawal Das v. State of Bihar relates to Rule of Res Gestae which is dealt under Section 6 of the Act. As, the victim cried for the help when she was murdered by her in-laws and husband. The fact forms the part of same transaction. Therefore option (b) is the correct answer.

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