Various related Acts (Paper II)
Date of Examination :21-08-2019
Question1:-The law of limitation is a
A:-Procedural law
B:-Substantive law
C:-Neither Substantive nor Procedural law
D:-Both Substantive and Procedural law
Correct Answer:- Option-A
Question2:-The Limitation Act, 1963 extends
A:-Whole of India including Jammu and Kashmir
B:-Whole of India excluding Jammu and Kashmir
C:-Whole of India excluding Union Territories
D:-None of the above
Correct Answer:- Option-B
Question3:-The Limitation Act, 1963 applies only to
A:-Tribunals
B:-Labour courts
C:-Any proceedings which can be initiated in a court of law
D:-Quasi-judicial bodies
Correct Answer:- Option-C
Question4:-The term 'applicant' under the Limitation Act refers to
A:-Petitioner
B:-Any person through whom an applicant derives his right to apply
C:-Any person whose estate is represented by the applicant as executor, administrator or other representative
D:-All the above
Correct Answer:- Option-D
Question5:-Which of the following is correct as per the Limitation Act?
A:-Application includes a petition
B:-Bill of exchange excludes a hundi and a cheque
C:-Both 1 and 2
D:-None of these
Correct Answer:- Option-C
Question6:-The objective of the law of limitation is
A:-there should be an end to litigation
B:-the law assists the vigilant and not the one who sleeps over his rights
C:-all the above
D:-none of these
Correct Answer:- Option-C
Question7:-"The law of limitation bars an action and not a defence". The above statement is
A:-True
B:-False
C:-Neither True nor False
D:-Both 1 and 2
Correct Answer:- Option-A
Question8:-The provision of the Limitation Act does not apply to writ petitions under Article 32 or Article 226 of the constitution.
The reason writ petition is not a
A:-suit
B:-appeal
C:-an application
D:-all the above
Correct Answer:- Option-D
Question9:-Expiry of the period of limitation when the court is closed is provided in
A:-Section 2
B:-Section 3
C:-Section 4
D:-Section 5
Correct Answer:- Option-C
Question10:-Extension of the prescribed period under section 5 of the Limitation Act excludes the following
A:-Application under order XXII of CPC
B:-Application under order XXI of CPC
C:-Application under order XX of CPC
D:-None of these
Correct Answer:- Option-B
Question11:-Choose the correct option from the following according to the Limitation Act,
A:-The provisions under this Act do not apply to criminal proceedings except where express provisions have been made for that purpose
B:-The provisions under this Act does not apply to criminal proceedings at all
C:-The provisions under this Act applies only to criminal proceedings
D:-The provisions under this Act applies both to criminal and civil proceedings
Correct Answer:- Option-A
Question12:-The general rule under Section 3 of the Limitation Act is subject to the exceptions of legal disability provided in
A:-Sections 6 and 7
B:-Sections 5 and 6
C:-Sections 4 and 5
D:-None of these
Correct Answer:- Option-A
Question13:-Choose the correct option from the following :
A:-Every suit, appeal or application filed after the prescribed period of limitation shall be dismissed by the court
B:-Delay in preferring appeals and application can be condoned provided the applicant satisfies the court that he had sufficient cause
C:-Both 1 and 2
D:-None of the above
Correct Answer:- Option-C
Question14:-Computation of period of limitation is dealt in
A:-Sections 12 to 24
B:-Sections 10 to 25
C:-Sections 12 to 20
D:-None of these
Correct Answer:- Option-A
Question15:-Section 27 of the Limitation Act speaks of
A:-Postponement of limitation
B:-Extinguishment of right to property
C:-Starting point of limitation
D:-None of these
Correct Answer:- Option-B
Question16:-The effect of death on or before the accrual of the right to sue under the Limitation Act is
A:-The period of limitation shall be computed from the time his legal representative capable of instituting a suit or application
B:-The period of limitation ends with the deceased person
C:-The Limitation Act does not apply in such cases
D:-Within three years in all situations
Correct Answer:- Option-A
Question17:-The limitation period for the recovery of immovable property is
A:-10 years
B:-3 years
C:-5 years
D:-12 years
Correct Answer:- Option-D
Question18:-Consider the following cogent ground in support of the law of limitation and choose the correct option :
(a) Long dormant claims have more of cruelty than justice in them
(b) A person with good cause of action should pursue it with reasonable diligence.
A:-Only (a) is correct
B:-Only (b) is correct
C:-Both (a) and (b) correct
D:-Both (a) and (b) wrong
Correct Answer:- Option-C
Question19:-"The Limitation Act, 1963 is a complete code and is exhaustive in respect of all matters and hence No Court can travel beyond the
Provisions of the Act".
The above statement is
A:-True
B:-Wrong
C:-False
D:-None
Correct Answer:- Option-A
Question20:-In the case of fraud or mistake, the period of limitation is
A:-Three years in all situations
B:-It shall not begin until the plaintiff has discovered the fraud or mistake
C:-It could with reasonable diligence discover it in the case of concealed document
D:-Both 2 and 3
Correct Answer:- Option-D
Question21:-In suits relating to movable property the period of limitation is
A:-one year
B:-three years
C:-five years
D:-no limitation
Correct Answer:- Option-B
Question22:-What is the period of limitation for filing an appeal to the High Court?
A:-60 days
B:-90 days
C:-30 days
D:-no limitation
Correct Answer:- Option-B
Question23:-What is the period of limitation for filing an appeal in any other court except High Court and supreme Court?
A:-30 days
B:-90 days
C:-60 days
D:-50 days
Correct Answer:- Option-A
Question24:-An application for setting a side exparte decree can be made within 30 days from the date of Decree. The above statement is
A:-wrong
B:-correct
C:-60 days
D:-no period is prescribed
Correct Answer:- Option-B
Question25:-The term 'sufficient cause' in the Limitation Act refers to
A:-Sickness of counsel
B:-Strike by Advocates
C:-Death of relative of a party
D:-All the above
Correct Answer:- Option-D
Question26:-The period of limitation for the Review of the judgement other than the Supreme Court is ___________ days from the judgement or
order.
A:-60 days
B:-30 days
C:-90 days
D:-one month
Correct Answer:- Option-B
Question27:-Earlier an action taken or order made by the authority is illegal, ultravires or void the law of limitation does not apply to it and a suit
for declaration or for setting aside such order can be filed at any time. But this decision was overruled by the Supreme Court in
A:-Union Carbide Corporation V Union of India (1991) 4SCC584
B:-State of Punjab V Ajit Singh ISLR96(P&H)
C:-State of Punjab V Rani Singh (1986) 3SLR 379
D:-None of these
Correct Answer:- Option-A
Question28:-The period of limitation for special leave petition to the Supreme Court if the High Court refuses to grant certificate of fitness for
appeal is
A:-Sixty days
B:-Ninety days
C:-Thirty days
D:-No period of limitation
Correct Answer:- Option-A
Question29:-Under the Kerala Civil Courts Act, 1957 the following are recognized as a civil court
A:-District court
B:-Subordinate Judge's court
C:-Munsiff's court
D:-All the above
Correct Answer:- Option-D
Question30:-'District Courts' are established under the Kerala Civil Courts Act
A:-By the Government by notification in the Gazette by dividing the state into civil districts
B:-By the High Courts
C:-By the Constitution
D:-None of these
Correct Answer:- Option-A
Question31:-The original pecuniary limits of the Munsiff court as per the Kerala Civil Courts Act, 1957 was
A:-Twenty Five Thousand
B:-Not exceeding Fifteen thousand
C:-One lakh rupees
D:-No pecuniary limits
Correct Answer:- Option-B
Question32:-The Pecuniary limit of the subordinate Judge's court as per the Kerala Civil Courts Amendment 2012 is
A:-Two lakh rupees
B:-Twenty-Five thousand
C:-Twenty lakhs
D:-No pecuniary limits
Correct Answer:- Option-C
Question33:-The subordinate Judge's court and Munsiff court are established by
A:-The Government in consultation with the High court
B:-The Government by notification in the Gazette
C:-Both 1 and 2
D:-None of the above
Correct Answer:- Option-C
Question34:-The location of the subordinate civil courts are fixed by the
A:-Government in consultation with the High Court
B:-High Court
C:-Government alone
D:-None of these
Correct Answer:- Option-A
Question35:-Appeals from Decrees and orders of District court or Subordinate Judge's court shall lie to the
A:-Supreme Court
B:-High Court
C:-District Court
D:-All the above
Correct Answer:- Option-B
Question36:-What is the procedure in trying suits or hearing appeals from suits where the judges are interested?
A:-The same judge can try such suits
B:-The superior court may transfer such suits
C:-No District or Subordinate Judge shall hear such suits
D:-Both 2 and 3
Correct Answer:- Option-D
Question37:-In the event of death of the District judge or any incapacity or illness, his duties are discharged by
A:-Chief-Judicial magistrate
B:-Additional District Judge
C:-Munsiff
D:-High court Judge
Correct Answer:- Option-B
Question38:-The general control over all the civil courts in any district is upon the
A:-District Judge
B:-High Court
C:-Subordinate Court Judge
D:-Government
Correct Answer:- Option-A
Question39:-Duties of Ministerial officers of a court are decided by
A:-High Court
B:-Government
C:-Presiding Officer of the Court
D:-None of these
Correct Answer:- Option-C
Question40:-High court may permit the civil courts under its control to adjourn for a period not exceeding
A:-60 days
B:-30 days
C:-90 days
D:-none of these
Correct Answer:- Option-A
Question41:-During adjournment of a civil court _______ shall nominate a District judge for each district.
A:-Government
B:-High Court
C:-District court
D:-Supreme court
Correct Answer:- Option-B
Question42:-Every rule that is made under this Act shall be laid before _________.
A:-High Court
B:-District Court
C:-Legislative Assembly
D:-None of these
Correct Answer:- Option-C
Question43:-The authority empowered to prescribe the form of seal of a civil court is
A:-High Court
B:-District court
C:-Government
D:-All the above
Correct Answer:- Option-C
Question44:-Which among the following is not correct for the application of the Kerala court fees and suit Valuation Act?
A:-Documents presented before an officer serving under the Central government
B:-Sub-Courts
C:-Civil courts
D:-High courts
Correct Answer:- Option-A
Question45:-The term 'Court' in Kerala court fees and suit Valuation Act means
A:-Civil / Criminal courts
B:-Revenue
C:-Tribunals
D:-All the above
Correct Answer:- Option-D
Question46:-What is the amount of fee to be paid on plaint at the time of institution of suit?
A:-1/10th of the amount of fee chargeable
B:-1/3rd of the amount of fee chargeable
C:-Whole amount of fee chargeable
D:-1/5th of the amount of fee chargeable
Correct Answer:- Option-A
Question47:-Time given to the petitioners to pay the court fee under the Kerala Court fee and suit valuation act is
A:-three months time
B:-six months time
C:-one month time
D:-no time
Correct Answer:- Option-C
Question48:-The provisions for levy of fee in courts and public offices is dealt under
A:-Section 6
B:-Section 7
C:-Section 4 and 4A
D:-None of these
Correct Answer:- Option-C
Question49:-"For the valuation and court fees, the plaintiff cannot put a lower valuation for valuing the relief and a higher valuation for the
purpose of jurisdiction". It was so held in
A:-State of Maharashtra V Mistri Lal AIR 1964 SC457
B:-Jaya Motion Pictures Ltd V New Theatres, Palai 1956 KLT SN 21 (OB)
C:-Panzy Fernandez V F.M. Queors AIR 1963 AII 153 (FB)
D:-Saleem V Areofa Beeva 1985 KHC 394
Correct Answer:- Option-B
Question50:-What is the consequence in the case of a multifarious suit, the court fee chargeable is
A:-the lowest value of relief
B:-the aggregate value of the reliefs
C:-No value
D:-the highest value of the reliefs
Correct Answer:- Option-B
Question51:-The fee payable under this Act depends on the market value of any property. Such value is determined _________
A:-on the date of presentation of the plaint
B:-on a subsequent date
C:-on the basis of the property valued
D:-value prescribed by the party
Correct Answer:- Option-A
Question52:-State whether it is open to a defendant to claim set off or counter claim if that plea is barred by limitation
A:-No
B:-Yes
C:-Both
D:-None
Correct Answer:- Option-A
Question53:-The expression "Merits of the claim" under section 12 of the Kerala courts and suit Valuation Act refers to matters
A:-relating to the framers of the suit
B:-for determination in the suit
C:-cause of action
D:-none of these
Correct Answer:- Option-B
Question54:-Whether amount paid under this Act is fees or tax?
A:-tax
B:-neither court fee nor tax
C:-fees
D:-both court fee and tax
Correct Answer:- Option-C
Question55:-Objection as to insufficiency of court fee or improper valuation can be raised
A:-at any stage of the suit
B:-cannot be raised after the stage of recording evidence
C:-can be raised even after recording evidence
D:-cannot be raised at all
Correct Answer:- Option-B
Question56:-Whether the decision taken under Section 12 (1) could be reviewed :
A:-no
B:-yes
C:-only under 12 (1) and (2) can be reviewed
D:-none of these
Correct Answer:- Option-B
Question57:-Court-fee examiners to inspect the records of subordinate court are deputed by
A:-District court
B:-Government
C:-Registrar of High Court
D:-High Court
Correct Answer:- Option-D
Question58:-Which authority has got the jurisdiction to give direction with respect to payment of proper court fee at the appellate stage?
A:-The Appellate Court
B:-The Lower court
C:-Parties can decide
D:-None
Correct Answer:- Option-A
Question59:-"A decision under Section 18(1) of the court-fees act would be final". It was so held in
A:-Sukumaran Nair V Raghavan Nair 1970 KLT 718
B:-Gopalan Nambiar V Balkrishnan Nambiar 1972 KHC 241
C:-Sumithra V Kamala 1979 KML 44
D:-None of these
Correct Answer:- Option-A
Question60:-In a suit for money, the court fee shall be computed on the basis of _________ claimed.
A:-Amount not claimed
B:-Ad valorem court fee
C:-Amount actually claimed
D:-All the above
Correct Answer:- Option-C
Question61:-In a suit for movable property, the fee shall be computed based on
A:-where the subject-matter has a market value, on such value
B:-where it has no market value, on the amount at which the relief sought is valued in the plaint
C:-both 1 and 2
D:-none of these
Correct Answer:- Option-C
Question62:-In a suit for injunction and the relief sought is with reference to immovable property, the court fee is
A:-one-third of the market value of the property or Rs.500 whichever is higher
B:-one-half of the market value of the property or Rs.500 whichever is higher
C:-market value of the property or Rs.500 whichever is higher
D:-none of the above
Correct Answer:- Option-B
Question63:-Can the amendment of the court fees act have retrospective effect?
A:-no retrospective effect
B:-yes, if it is specifically stated to have retrospective effect
C:-only prospective effect
D:-both retrospective and prospective effect
Correct Answer:- Option-B
Question64:-The court fee computed on suits for possession under the specific Relief Act, 1877, is
A:-one-half of the market value of the property or Rs.150, whichever is higher
B:-market value of the property or Rs.150, whichever is higher
C:-one-third of the market value of the property or Rs.150, whichever is higher
D:-none of these
Correct Answer:- Option-C
Question65:-In a suit for specific performance whether with or without possession, the fee payable in a contract of sale is computed on the amount
of
A:-consideration
B:-agreement
C:-average of the total amount
D:-all the above
Correct Answer:- Option-A
Question66:-In a suit relating to Public matters or Section 91 or Section 92 of the CPC 1908, the fee payable shall be
A:-100 rupees
B:-10 rupees
C:-50 rupees
D:-nil
Correct Answer:- Option-B
Question67:-Whether Revision challenging the finding of the trial court on question of valuation of the suit and jurisdiction is maintainable?
A:-yes
B:-no
C:-both 1 and 2
D:-neither 1 and 2
Correct Answer:- Option-A
Question68:-The fee-payable for copy or transactions of a judgement or order of a criminal court is
A:-Rs.2 per page
B:-Re.1.50 paise per page
C:-Rs.5 per page
D:-Rs.3 per page
Correct Answer:- Option-B
Question69:-Whether Municipality is exempted from paying court fee under this Act?
A:-yes
B:-no
C:- municipality is Government
D:-all the above
Correct Answer:- Option-B
Question70:-The legal benefit fund is levied in addition to court fee by the
A:-District court
B:-Government
C:-Lawyer
D:-High court
Correct Answer:- Option-B
Question71:-The application for probate or letters of administration received by the court shall be send to the
A:-Government
B:-Collector
C:-Parties
D:-None of these
Correct Answer:- Option-B
Question72:-"The Stamp Act is not a weapon against litigant and it is enacted to secure revenue for the State". It was so held in
A:-Hindustan Ltd V M/S D.C. Co.1969 KHC 436
B:-Nack Chand V Fattu AIR 1935 LAH 567
C:-General controlling Authority V Pioneer Spinners AIR 1968 MAD 223
D:-None of these
Correct Answer:- Option-A
Question73:-The term 'Bond' in Kerala Stamp Act, refers
A:-any lease or licence
B:-any instrument whereby a person obliges himself to pay money to another
C:- an agreement between two parties
D:-all the above
Correct Answer:- Option-D
Question74:-"Instrument creating pre-existing obligation is not a Bond". The above statement is
A:-Correct
B:-Wrong
C:-Neither correct nor wrong
D:-None of these
Correct Answer:- Option-A
Question75:-'Collector' under the Kerala Stamp Act, means any
A:-Chief-officer in charge of the Revenue administration of a district
B:-Any officer appointed by the Government on this behalf
C:-Both 1 and 2
D:-None
Correct Answer:- Option-C
Question76:-When a document is presented for registration and the value as set-forth in the document is less than the fair value, the Registrar can
A:-refuse to register the document
B:-register the document
C:-ask him to remit the deficit stamp duty
D:-both 1 and 3
Correct Answer:- Option-D
Question77:-The expression 'duly stamped' under the Kerala Stamp Act with reference to terms 'Executed' and 'Execution' means
A:-signed
B:-signed and signature
C:-signature
D:-none of these
Correct Answer:- Option-B
Question78:-Who is the authority for fixation of fair value of land?
A:-Government
B:-Collector
C:-Revenue Divisional Officer
D:-Village Officer
Correct Answer:- Option-C
Question79:-"Fair value of land" means
A:-Fair value of land fixed under Section 28A
B:-Fair value of land fixed under Section 28
C:-Fair value of land fixed under Section 2
D:-All the above
Correct Answer:- Option-A
Question80:-"An award is an instrument within the meaning of the Stamp Act and is required to be stamped". This statement is
A:-wrong
B:-correct
C:-false
D:-none
Correct Answer:- Option-B
Question81:-Lease deed signed by the parties but not registered it is held to be a
A:-a valid document and unenforceable
B:-an invalid document but unenforceable
C:-a valid and enforceable document
D:-an invalid document and enforceable
Correct Answer:- Option-A
Question82:-The term 'settlement' as defined in the Kerala Stamp Act includes
A:-Non-testamentary disposition in writing movable or immovable property made for any religious or charitable purpose
B:-Dispositions though not in writing, any instrument by way of declaration of trust or otherwise
C:-Both 1 and 2
D:-None of these
Correct Answer:- Option-C
Question83:-A person executed a document distributing his self-acquired property among his three daughters equally, the above instrument is
A:-well
B:-settlement
C:-gift
D:-partition
Correct Answer:- Option-B
Question84:-Arbitration clause in an agreement need not be stamped. It was so held in
A:-Member, Board of Revenue V Arthur Paul 1956 KHC 363
B:-Sub-registrar, Ernakulam and Another V C.M. Nadirsha and Another 2009 KHC 4020
C:-Geo group communications Inc V IOC Broadband Ltd 2010 KHC 6040
D:-None of the above
Correct Answer:- Option-C
Question85:-The power to reduce, remit or compound duties is vested upon
A:-Court
B:-Government
C:-Collector
D:-Incorporated company
Correct Answer:- Option-B
Question86:-Instruments that may be stamped with adhesive stamps are
A:-instruments chargeable with the duty of twenty paise and less
B:-certificate of enrolment maintained by the State Bar Council
C:-notarial acts
D:-all the above
Correct Answer:- Option-D
Question87:-Instruments executed in the state of Kerala shall be stamped
A:-before or at the time of execution
B:-at the time of execution
C:-before the execution
D:-after the execution
Correct Answer:- Option-A
Question88:-Possession of insufficiently stamped document is
A:-by itself an offence
B:-by itself not an offence
C:-possessor can be arrested
D:-none of these
Correct Answer:- Option-B
Question89:-Where an instrument is not properly stamped and the person executing it approaches the collector, his duty under Section 31 of the
Stamp Act is
A:-make an endorsement and the document be treated as duly stamped from the very beginning
B:-invalidate the whole document
C:-collector has no power of endorsement
D:-none of these
Correct Answer:- Option-A
Question90:-Court cannot impound a document after dismissal of the suit. The statement is
A:-true
B:-false
C:-neither true nor false
D:-both true and false
Correct Answer:- Option-A
Question91:-Who can impound those instruments which are not duly stamped?
A:-every person incharge of a public office
B:-every person having by law or consent of parties authority to receive evidence
C:-any police officer
D:-both 1 and 2
Correct Answer:- Option-D
Question92:-Insufficiently stamped instrument admitted in evidence, whether it can be subsequently impounded.
A:-yes
B:-no
C:-party may be directed to pay stamp duty and fine
D:-none of these
Correct Answer:- Option-B
Question93:-What is the evidentiary value of insufficiently stamped document?
A:-it is void and ineffective
B:-it is not void and it is effective from the date of execution
C:-it is incapable of being used in evidence
D:-both 2 and 3
Correct Answer:- Option-D
Question94:-In a matter of penalty on deficient stamp duty, the discretion is given to
A:-Collector
B:-Court
C:-Government
D:-Revenue Officer
Correct Answer:- Option-A
Question95:-An insufficiently stamped promissory note admitted by the trial court and not objected by the defendant
A:-can be rejected by the appellate court
B:-cannot be rejected by the appellate court
C:-both 1 and 2
D:-none of these
Correct Answer:- Option-B
Question96:-Proper stamp is to be determined
A:-according to law in force at the time of execution
B:-according to law in force after the execution
C:-according to stamp duty when document is tendered in evidence
D:-none of these
Correct Answer:- Option-A
Question97:-Who is empowered to try the offences punishable under the Kerala Stamp Act?
A:-District Magistrate
B:-Collector
C:-Magistrate of Second Class
D:-Magistrate of First class
Correct Answer:- Option-D
Question98:-Penalty for devices to defraud the Government is
A:-punishment with fine which may extend to one thousand rupees
B:-punishment alone
C:-fine alone
D:-none of these
Correct Answer:- Option-A
Question99:-The offence under the Kerala Stamp Act may be tried in
A:-any district in which such instrument is found
B:-any district in which such offences might be tried under CrPC
C:-both 1 and 2
D:-none
Correct Answer:- Option-C
Question100:-The procedure of the Chief controlling Revenue Authority under Section 54 of the Kerala Stamp Act is
A:-Quazi-judicial tribunal
B:-Judicial
C:-Court
D:-Governmental
Correct Answer:- Option-A