All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

Practice Mode:
9.

Which of the following statements is most accurate about the Limitation Act, 1963?

A: It prescribes the jurisdictional limits of various courts in India.
B: It prescribes the pecuniary limits of various courts jurisdiction in India.
C: It prescribes the territorial Limits of various courts' jurisdiction in India.
D: It prescribes the periods of limitation for different types of proceedings that may be instituted in a court or an arbitral tribunal.
E: It prescribes the periods of limitation for different types of proceedings that may be instituted in a Court.

The answer is: E

Explanation

The correct statement about the Limitation Act, 1963, is indeed:

E: It prescribes the periods of limitation for different types of proceedings that may be instituted in a Court.

Explanation:

The Limitation Act, 1963, primarily deals with the periods of limitation or time limits within which various types of legal proceedings must be initiated in court. It specifies the timeframes for filing lawsuits and taking legal actions for different types of claims in the court of law. The Act ensures that legal disputes are brought before the court within the prescribed time limits to maintain legal certainty and the finality of legal matters.

The Limitation Act, 1963 is an Act of the Parliament of India that consolidated and amended the law for the limitation of suits and other proceedings and for purposes connected therewith. The Act applies to all civil proceedings and some criminal proceedings. The Act prescribes different periods of limitation for suits, appeals, and applications, depending on the nature and subject matter of the dispute. The Act also provides for the computation of the period of limitation, the exclusion of certain time periods, the effect of acknowledgment and payment, the acquisition and extinction of ownership by possession, and other miscellaneous provisions.

The Act does not prescribe the jurisdictional limits, the pecuniary limits, or the territorial limits of various courts in India. These are determined by other laws, such as the Code of Civil Procedure, 1908, the Code of Criminal Procedure, 1973, and various state laws. The Act also does not apply to proceedings before administrative tribunals or authorities, unless expressly provided by any law.

The Act was amended in 1999 to include proceedings before an arbitral tribunal within its scope. Section 43 of the Arbitration and Conciliation Act, 1996 provides that the Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court. This means that the parties to an arbitration agreement can invoke the provisions of the Limitation Act, 1963 to raise objections or seek relief based on the expiry or extension of the prescribed period of limitation.

Options A, B, and C are not accurate because the Limitation Act does not pertain to jurisdictional limits, pecuniary limits, or territorial limits of courts in India. Instead, its main focus is on specifying the periods of limitation for various legal proceedings that may be brought before the court.