MCQ 1 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (1 December 2023)



Question/ Answer
Question1:- Under Section 19 of the Limitation Act
  • 1. Debt includes money payable under a decree or order of a court.
  • 2. Debt does not include money payable under an order of a court.
  • 3. Debt does not include money payable under a decree of a court.
  • 4. Both (b) and (c).
Answer is 4 is correct. As per Explanation (b) of Section 19 of the Limitation Act debt does not include money payable under a decree of a court. Therefore option (4) is the correct answer.
Question2:-Mark the correct statement
  • 1. In the case of a continuing breach of promise or in the case of a continuing crime, a fresh period of limitation begins to run at every moment of the time during which the breach or the crime, as the case may be.
  • 2. In the case of a continuing breach of contract or in the case of a continuing wrong, a fresh period of limitation continues to run from the first breach or wrong only.
  • 3. In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues.
  • 4. None of the above
Answer is 3 is correct. As per Section 22 of the Limitation Act In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. Therefore option (3) is the correct answer.
Question3:-Mark the correct statement
  • 1. For setting aside an award under section 34 of the Arbitration Act Section 5 of the Limitation Act does not apply but Section 14 does apply to it.
  • 2. For setting aside an award under section 34 of the Arbitration Act Section 5 and 14 of the Limitation Act does not apply
  • 3. For setting aside an award under section 34 of the Arbitration Act Section 14 of the Limitation Act does not apply but Section 5 does apply to it.
  • 4. For setting aside an award under section 34 of the Arbitration Act Section 5 of the Limitation Act does not apply but Section 14 does apply to it.
Answer is 4 is correct. In consolidated Engg. Enterprises vs. Principal Secy. Irrigation Dept. (2008) held that Section 5 of the Limitation Act is not applicable to an application filed under Section 34 of the Arbitration Act for setting aside an awards, one need not conclude that provisions of section 14 of the Limitation Act. Therefore option (4) is the correct answer.
Question4:- Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence
  • 1. on the date on which a request for that dispute to be referred to arbitration is received by the arbitral tribunal
  • 2. on the date on which a request for that dispute to be referred to arbitration is received by the respondent
  • 3. on the date on which a notice for that dispute to be referred to arbitration is received by the respondent
  • 4. on the date on which a notice for that dispute to be referred to arbitration is received by the arbitral tribunal
Answer is 2 is correct. As per Section 21 of the Act which states when the arbitral proceedings does commences, it commences on the date on which a request for that dispute to be referred to arbitration is received by the respondent. Therefore, Option (2) is the correct answer.
Question5:-Mark the incorrect statement
  • 1. Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed
  • 2. The respondent, in support of his case, may also submit a counterclaim or plead a set- off, which shall be adjudicated upon by the arbitral tribunal
  • 3. Only applicant can amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it
  • 4. All are incorrect
Answer is 3 is correct. As per Section 23 of the Act all the statement except option (c) is correct. Section 23(3) states unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings. Therefore option (3) is the correct answer.
Question6:- The statement of claim and defence under____ of Arbitration and Conciliation Act shall be completed
  • 1. Within 12 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment as per Section 23(4A)
  • 2. Within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment as per Section 23(4)
  • 3. Within 12 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of the application of arbitration agreement as per Section 23(3A)
  • 4. Within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of the application of arbitration agreement as per Section 23(4)
Answer is 2 is correct. As per Section 23(4) Inserted through 2019 Act, states the statement of claim and defence shall be completed within 6 months from the date the arbitrator or all the arbitrators as the case may be received notice, in writing, of their appointment. Therefore, Option (2) is the correct answer.
Question7:-Every limited liability partnership shall ensure that its invoices, official correspondence and publications bear the-
  • 1. the name of its registered office and registration number of the limited liability partnership
  • 2. the address of its registered office and registration number of the limited liability partnership
  • 3. a statement that it is registered with limited liability
  • 4. all of the above
Answer is 4 is correct. as per section 21 Every limited liability partnership shall ensure that its invoices, official correspondence and publications bear the the name or address of its registered office and registration number of the limited liability partnership and a statement that it is registered with limited liability. Therefore option (4) is the correct answer.

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