Bar Council Full Model Test 11 English

Bar Council Full Model Test 11 (English)

Bangladesh Bar Council Preliminary Full Model Test 11

Total Questions: 100 | Full Marks: 100 | Time: 60 Minutes | Negative Marking: -0.25

Subject-wise Marks Distribution: CPC 20, SR Act 10, CrPC 20, Penal Code 20, Evidence Act 15, Limitation Act 10, Legal Ethics & Bar Council Rules 5.

1 / 100

The mode and effect of the appointment of a receiver, and his rights, duties and liabilities are regulated by:

A) The Specific Relief Act

B) The Trust Act

C) The Code of Civil Procedure

D) The Penal Code

2 / 100

Postage chargeable on a notice/summons forwarded by post must be paid (Section 143):

A) By the defendant upon receipt

B) Within a time to be fixed before the communication is made

C) After the case ends

D) By the postal department

3 / 100

Section 110 of Evidence Act in its operation

A) is not limited to immoveable property but applies only to certain moveable property

B) is limited to moveable property

C) is not limited to immoveable property and applies to moveable property as well

D) is limited to immoveable property

4 / 100

Section 112 of Evidence Act provides for

A) presumption of legitimacy

B) presumption of death

C) presumption of life

D) presumption of marriage

5 / 100

Who may sue to have a written instrument adjudged void or voidable under Section 39?

A) Only the government

B) Anyone who reads it

C) Only the person who drafted it

D) Any person against whom it is void/voidable with reasonable apprehension of serious injury

6 / 100

The right of private defence of property extends to the voluntary causing of death against which of the following offences?

A) House-breaking by night.

B) All of these.

C) Robbery.

D) Mischief by fire committed on a building used as a human dwelling.

7 / 100

When a Court issues a summons to be served outside its local limits, it ordinarily sends the summons to:

A) The Supreme Court

B) A Magistrate within whose jurisdiction the person resides

C) A private courier

D) The local police station directly

8 / 100

Is a mortgagee remaining in possession after the mortgage is satisfied considered a "trustee"?

A) Yes

B) Only for one year

C) Yes, if ordered by the court

D) No

9 / 100

The power of the Court under Section 148 to enlarge time is:

A) Mandatory

B) Discretionary

C) Subject to High Court approval

D) Only applicable to the Government

10 / 100

Temporary injunctions may be granted:

A) At any period of a suit

B) Only before filing

C) Only after decree

D) Only at the final hearing

11 / 100

If a summons is sent to a corporation via registered post, when is service deemed to have been effected?

A) The day it is mailed

B) When the letter would arrive in the ordinary course of post

C) When the court receives a confirmation receipt

D) Exactly 7 days after posting

12 / 100

According to Section 68(1), every summons issued by a Court shall be:

A) In writing, in duplicate, signed and sealed

B) Published in a local newspaper

C) Given orally by a police officer

D) Written in a single copy only

13 / 100

In which of the following cases is the right of private defence clearly EXCEEDED?

A) All of the above.

B) A person attacked with a bare hand strikes a fatal blow with a heavy club.

C) Killing a weak, unarmed woman found stealing at night.

D) A thief caught red-handed is beaten to death.

14 / 100

If a Judge is prevented from taking down evidence in English after being directed to do so, he shall (Section 138):

A) Record the reason and cause evidence to be taken in writing from his dictation in open Court

B) Adjourn the court indefinitely

C) Use a tape recorder

D) Ask the plaintiff to write it

15 / 100

The purpose of making necessary amendments in any proceeding under Section 153 is:

A) To penalize the drafting lawyer

B) To increase court fees

C) To delay the proceedings

D) To determine the real question or issue raised by or depending on such proceeding

16 / 100

Under Sec 2(5), an easement allows someone to appropriate part of the soil belonging to:

A) A trust

B) Another person

C) Himself

D) The Government

17 / 100

Where a person exempted under Section 133 claims the privilege and must be examined by commission, who generally pays the costs of that commission?

A) The opposite party automatically

B) The Government

C) The exempted person, unless the party requiring evidence pays

D) The Court

18 / 100

Who has the authority to prescribe rules regarding which officer can sign a summons besides the presiding officer?

A) The Supreme Court

B) The High Court Division

C) The District Magistrate

D) The Government

19 / 100

In criminal trials, the accused has to establish his plea mitigation or justification of an offence

A) either (a) or (c)

B) prima facie

C) substantially

D) beyond reasonable doubt

20 / 100

No person shall be liable to arrest under civil process if he is a member of Parliament during the continuance of any meeting, and during (Section 135A):

A) 30 days before and after

B) 60 days before and after

C) 7 days before and after

D) 14 days before and after

21 / 100

A police officer, acting in good faith under color of his office, enters a house to search for stolen property without a warrant. The owner resists.

A) The owner can use deadly force.

B) The owner cannot plead the right of private defence (Under Sec 99).

C) The owner is completely right to do so as the officer had no warrant.

D) None of the above.

22 / 100

Which Article of the Bar Council Order defines the term 'Advocate'?

A) Article 3

B) Article 2(b)

C) Article 2(a)

D) Article 4

23 / 100

If a summons is served outside the jurisdiction and the serving officer is not present at the hearing, what is admissible as proof of service?

A) A photograph of the delivery

B) A letter from the local police

C) An affidavit made before a Magistrate

D) An oral statement by the prosecutor

24 / 100

Does a "bond" obligate a person to pay money if a specified act is NOT performed?

A) It is an unconditional promise

B) Yes, it applies whether the act is performed or not performed

C) No, only if it IS performed

D) It only applies to property transfer

25 / 100

Which of the following details must be stated in a security endorsement on a warrant?

A) All of the above

B) Number of sureties

C) The amount of the bond

D) The time to attend before the Court

26 / 100

Assessors summoned in an Admiralty cause shall receive fees for their attendance paid by (Section 140):

A) The High Court

B) Pro bono (no fees)

C) Such of the parties as the Court may direct

D) The Government

27 / 100

What must be attached to the affidavit used as proof of service under Section 74?

A) A medical certificate

B) A duplicate of the summons properly endorsed

C) A copy of the FIR

D) The officer's ID card

28 / 100

Under Section 70, if the summoned person cannot be found with due diligence, the summons may be left with:

A) The nearest police station

B) Some adult member of his family

C) The village headman

D) A minor child in the house

29 / 100

A forcibly tries to take his wife away from his father-in-law's house. B, his brother-in-law, stabs A to prevent the abduction.

A) B is not entitled to the benefit because A was doing a lawful act.

B) B is guilty of causing death without exception.

C) B is entitled to the benefit of private defence (as it was against abduction).

D) None of the above.

30 / 100

Which type of injunctions are to continue until a specified time, or until the further order of the Court?

A) Declaratory injunctions

B) Perpetual injunctions

C) Mandatory injunctions

D) Temporary injunctions

31 / 100

The father of the accused was attacked by the deceased and suffered a simple injury. In response, the accused administered a fatal blow to the deceased's chest with a spear.

A) The accused was completely justified under the right of private defence.

B) The accused had no right of private defence.

C) Although the accused had the right of private defence, he exceeded it by causing disproportionate harm.

D) None of the above.

32 / 100

Give the correct response regarding Section 100:

A) A husband can forcefully abduct his wife from her father's house without consequences.

B) Both (a) and (b).

C) The right of private defence of the body extends to causing death if it is an assault with the intention of kidnapping or abducting.

D) None of the above.

33 / 100

Who has the power to exempt from personal appearance in Court any person whose rank entitles him to the privilege (Section 133)?

A) The Supreme Court

B) The District Judge

C) The Government

D) The High Court Division

34 / 100

Under which Article is the Bar Council constituted?

A) Article 3

B) Article 4

C) Article 5

D) Article 2

35 / 100

The presumption under section 109 of Evidence Act as to certain human relationship

A) is obligatory and arises irrespective of the lapse of time

B) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

C) either (b) or (c)

D) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

36 / 100

Which of the following is correct?

A) It cannot confer any right of P.D. unless physical violence is actually inflicted.

B) The right of private defence of the body extends to causing death if the assault reasonably causes the apprehension that death will otherwise be the consequence.

C) The right of private defence of the body extends to causing death if the assault reasonably causes apprehension of death.

D) Both (a) and (b) are incorrect. (Only b is correct statement here, so standardizing option).

37 / 100

The footnote indicates that the word "Bangladesh" was substituted for which word in the original Act?

A) East Pakistan

B) India

C) Bengal

D) Pakistan

38 / 100

Where an instrument is evidence of different rights or obligations, the Court may, in a proper case:

A) Double the obligations

B) Cancel it entirely without exceptions

C) Cancel it in part and allow it to stand for the residue

D) Transfer it to another party

39 / 100

Section 105 of Evidence Act applies to

A) both (a) & (b)

B) civil trials

C) neither (a) nor (b)

D) criminal trials

40 / 100

The right of private defence of the body extends to the voluntary causing of death if the offence is an assault with the intention of:

A) All of these.

B) Kidnapping or abducting.

C) Gratifying unnatural lust.

D) Committing rape.

41 / 100

How many days before the term expires must the next Bar Council election be held?

A) 30 days

B) 90 days

C) 45 days

D) 60 days

42 / 100

Under Section 77(1), a warrant issued by a Metropolitan Magistrate shall ALWAYS be directed to:

A) A police-officer

B) Any private citizen

C) The village watchman

D) A landholder

43 / 100

How long must an applicant serve as a pupil (apprentice) to be enrolled as an advocate?

A) 3 months

B) 1 year

C) 2 years

D) 6 months

44 / 100

Every warrant of arrest issued under Section 75 must bear the:

A) Stamp of the police station

B) Seal of the Court

C) Signature of the complainant

D) Fingerprint of the Judge

45 / 100

The right of private defence of property against theft continues until:

A) The assistance of public authorities is obtained.

B) It continues until any of the above occurs.

C) The offender has effected his retreat with the property.

D) The property has been recovered.

46 / 100

Under Section 2(11), a "legal representative" includes:

A) A neighbor who pays the funeral expenses

B) Any person who intermeddles with the estate of the deceased

C) A court-appointed receiver

D) The deceased's lawyer

47 / 100

Does the definition of "promissory note" include a note payable on demand?

A) Only if specified in a separate contract

B) Yes

C) Only for bank notes

D) No

48 / 100

Clerical or arithmetical mistakes in judgments may be corrected by the Court (Section 152):

A) Only on application of the plaintiff

B) Either of its own motion or on the application of any of the parties

C) Only during the trial phase

D) Only on application of the defendant

49 / 100

On adjudging the cancellation of an instrument, the Court may require the party to whom relief is granted to:

A) Publish an apology

B) Give up all other properties

C) Serve jail time

D) Make any compensation to the other which justice may require

50 / 100

Section 42 deals with suits by any person entitled to any:

A) Legal character, or to any right as to any property

B) Criminal prosecution

C) Liquidated damages

D) Preventive injunction

51 / 100

Section 106 of Evidence Act is applicable

A) neither (a) nor (b)

B) both (a) & (b)

C) to such matters which are capable of being known to the persons other than the defendant

D) to such matters of defence which are supposed to be especially within the knowledge of the defendant

52 / 100

The inherent powers of the Court are meant to (Section 151):

A) Overrule Supreme Court decisions

B) Punish contempt of court

C) Prevent abuse of the process of the Court and secure the ends of justice

D) Create new criminal offenses

53 / 100

Section 108 of Evidence Act relates to

A) presumption of death

B) presumption of relationship

C) presumption of life

D) presumption of legitimacy

54 / 100

The principle that possession is prima facie proof of ownership is contained in

A) section 111 of Evidence Act

B) section 112 of Evidence Act

C) section 109 of Evidence Act

D) section 110 of Evidence Act

55 / 100

The presumption of continuance of life is contained in

A) section 109 of Evidence Act

B) section 107 of Evidence Act

C) section 108 of Evidence Act

D) section 106 of Evidence Act

56 / 100

If a Court orders the attachment of property situated outside its local limits, it sends a copy of the order to (Section 136):

A) The local UP Chairman

B) The District Court within whose limits the property is situate

C) The Government Pleader

D) The High Court Division

57 / 100

A is lawfully in possession of land. Villagers claim a right of way. Can A sue for a declaration that they are not entitled to the right?

A) Only if land is registered

B) Yes

C) No

D) Only if he proves physical harm

58 / 100

Upon payment of the deficiency of court-fees as allowed by the Court, the document shall have effect (Section 149):

A) With a penalty applied

B) From the date of actual payment

C) From the date the suit is decided

D) As if such fee had been paid in the first instance

59 / 100

According to Section 76(1), a Court may direct an officer executing a warrant to take security and release the person. How is this direction given?

A) By endorsement on the warrant

B) By verbal order

C) By issuing a separate notice

D) By updating the digital database

60 / 100

How is a casual vacancy in the Bar Council filled?

A) By Co-option

B) Left vacant

C) By new election

D) By AG's nomination

61 / 100

How long does a warrant of arrest remain in force?

A) 30 days

B) Until cancelled by the Court or until executed

C) 6 months

D) 1 year

62 / 100

A person runs away from a hotel without paying the bill. He is caught by servants and in the ensuing struggle, kills one of them, pleading private defence against wrongful restraint.

A) He is entitled as the right extends to causing death against abduction.

B) He is entitled because his liberty was restricted.

C) He is not entitled to the right of private defence as he was the original wrongdoer and the servants acted lawfully to stop him.

D) None of the above.

63 / 100

A police officer attempted to execute a warrant which was completely illegal and without jurisdiction on the face of it. The accused's resistance is:

A) Not justified under any circumstances.

B) None of the above.

C) Justified in his resistance (as the act is strictly without jurisdiction).

D) Not justified as the police officer was performing his duty.

64 / 100

Under Section 68(2), who is ordinarily authorized to serve a summons?

A) A police-officer, court officer, or other public servant

B) Any adult citizen

C) Only a Magistrate

D) A private detective

65 / 100

A new tenant A enters the building at night. B, another tenant, suspecting him to be a thief in good faith, attacks A. In this case:

A) A has the right of private defence against B (Under Sec 98).

B) A has no right of private defence.

C) A has no right of private defence because B committed no offence due to mistake of fact.

D) A has the right of private defence because B is guilty of an offence.

66 / 100

If a Member of Parliament is released from detention under Section 135A, is he liable to re-arrest after the exempted period expires?

A) Yes

B) Only if ordered by the Speaker

C) No

D) Only for a new decree

67 / 100

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of

A) 30 years

B) 12 years

C) 3 years

D) 7 years

68 / 100

How should a summons be served personally under Section 69(1)?

A) By giving it to their neighbor

B) By pasting it on their front door

C) By sending an email

D) By delivering or tendering one of the duplicates to the person

69 / 100

In which of the following does the right of private defence of property extend to the voluntary causing of death?

A) Simple Criminal trespass.

B) House-breaking by night.

C) All of these.

D) Simple Theft.

70 / 100

Is a "hundi" specifically mentioned in the definition of a bill of exchange?

A) Only if registered

B) Yes

C) No

D) Only in commercial disputes

71 / 100

‘Any person’ in section 106 of Evidence Act refers to

A) a person who is not a party to the suit but interested in the outcome of the suit

B) a stranger to the state

C) a party to the suit

D) a witness (Note: Your input lists 5 options; assuming (e) "all the above" is intended as 4, corrected accordingly)

72 / 100

In a suit under Section 42, does the plaintiff need to ask for any further relief besides a declaration?

A) Yes, if property is above 1 lakh

B) Only if defendant is government

C) Yes, always

D) No, the plaintiff need not ask

73 / 100

In criminal trials, the onus is on the accused to prove that his case falls in

A) any of the special exception

B) any of the proviso to any provision

C) any of the general exception

D) all the above

74 / 100

Under Section 69(2), where is the person receiving the summons required to sign the receipt?

A) On a separate blank paper

B) On the back of the other duplicate

C) In the court register

D) On the front of the first duplicate

75 / 100

Is "good faith" presumed if an act is done with honest intent but without due care?

A) No, due care and attention are mandatory

B) The judge decides

C) Yes

D) Yes, in minor offenses

76 / 100

A decree or order may be executed against a surety to the extent to which he has rendered himself personally liable, provided that (Section 145):

A) The surety consents in writing during execution

B) The suit value is below 10,000 Taka

C) The principal debtor is dead

D) Such notice as the Court thinks sufficient has been given to the surety

77 / 100

The rules made by the Rule Committee may provide for which of the following matters (Section 128)?

A) Service of summonses by post

B) Consolidation of suits

C) All of the above

D) Procedure by way of originating summons

78 / 100

In criminal trials, it is bound to presume

A) both (a) & (b) and not (c)

B) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

C) that the case of the accused falls in proviso to the provision under which he is charged

D) that the case of the accused falls in any of the general or special exceptions

79 / 100

Which Act substituted the words "High Court Division" for "High Court" in the Limitation Act, 1908?

A) Bangladesh Laws (Revision and Declaration) Act, 1973

B) The Supreme Court Act

C) The Law Reform Ordinance, 1978

D) The Constitution of Bangladesh

80 / 100

What serves as evidence of due service when a summons is served on a servant of the Republic?

A) A witness statement

B) The signature of the head of the office returning the summons

C) An affidavit by the police

D) A postal receipt

81 / 100

If the person summoned is in the active service of the Republic, to whom is the summons ordinarily sent?

A) Directly to the person

B) To the Ministry of Law

C) To the District Magistrate

D) To the head of the office in which the person is employed

82 / 100

Which of the following is an accepted electronic mode of serving a summons under Section 69(4)?

A) Electronic mail

B) Voice call

C) SMS

D) All of the above

83 / 100

Does an easement arise from a contract according to Sec 2(5)?

A) Depends on the situation

B) Yes, if written

C) Yes, always

D) No, a right not arising from contract

84 / 100

Does a "suit" include an application?

A) No

B) Only interlocutory applications

C) Yes, if filed together

D) Yes

85 / 100

According to Section 52, preventive relief is granted by injunctions, which are:

A) Temporary or perpetual

B) Civil or criminal

C) Primary or secondary

D) Mandatory or directory

86 / 100

Which Court shall cause restitution to be made when a decree is varied or reversed (Section 144)?

A) The Appellate Court

B) The Court of first instance

C) The Supreme Court

D) The Revisional Court

87 / 100

If a party or his pleader is unacquainted with English, and evidence is recorded in English, the Court shall (Section 137):

A) Force him to learn English

B) Supply a translation into the language of the Court at his request

C) Dismiss the pleader

D) Transfer the case

88 / 100

Lawful tenants of agricultural land, having a reasonable fear of being forcibly ejected, kept clubs ready. Upon being attacked, one attacker was killed in the fray.

A) Tenants are not entitled to the benefit as they anticipated the attack.

B) Attackers are entitled to the right of private defence.

C) Tenants are entitled to the benefit of the right of private defence.

D) Both tenants and attackers can avail the right.

89 / 100

Which of the following is correct regarding a trespasser?

A) A trespasser committing an offence cannot claim the right of private defence against the owner preventing the act.

B) A true owner can forcibly dispossess a trespasser in settled possession.

C) A trespasser committing an offence has the right of private defence against the true owner.

D) None of the above.

90 / 100

The possession contemplated under section 110 of Evidence Act is

A) actual physical possession

B) all the above

C) symbolic possession

D) juridical possession

91 / 100

Where any proceeding may be taken by or against any person, it may also be taken by or against (Section 146):

A) Any person claiming under him

B) His employer

C) Any of his friends

D) His neighbors

92 / 100

The right of private defence of property against robbery continues as long as:

A) None of the above.

B) The offender causes or attempts to cause to any person death, hurt, or wrongful restraint.

C) The fear of instant death, hurt, or wrongful restraint continues.

D) Both (a) and (b).

93 / 100

Which of the following is correct about the commencement of the right of private defence?

A) None of the above.

B) It is not available against offences affecting the body.

C) It commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence.

D) It commences only after physical harm is inflicted.

94 / 100

Z, under the influence of madness, attempts to kill A. Which of the following is correct?

A) Z is guilty of no offence, but A has the same right of private defence as if Z were sane.

B) A has no right of private defence against a madman.

C) Z is guilty of murder.

D) None of the above.

95 / 100

For an incorporated company, a summons can be served to:

A) Any employee

B) The security guard

C) The company's legal counsel only

D) The secretary, local manager, or principal officer

96 / 100

Can the Court making an order for restitution also make orders for the payment of interest, damages, compensation, and mesne profits?

A) Only interest

B) No

C) Only mesne profits

D) Yes

97 / 100

The right of private defence of property commences as soon as:

A) None of the above.

B) The property is successfully stolen.

C) A reasonable apprehension of danger to the property commences.

D) The property is taken out of the city.

98 / 100

For presumption under section 107 of Evidence Act, the person is to be shown to be alive

A) within 12 years

B) within 30 years

C) within 3 years

D) within 7 years

99 / 100

In which of the following cases is the right of private defence NOT exceeded?

A) A person attacked by a stick strikes a fatal blow with an iron club.

B) Holding a thief face down causing death by suffocation merely to prevent entry.

C) Beating a caught thief until he dies.

D) Causing death to defend against an assault causing reasonable apprehension of death.

100 / 100

What is the procedure under Section 71 if service cannot be effected personally or on a family member?

A) The duplicate is affixed to a conspicuous part of the house or homestead

B) The summons is cancelled

C) The officer must wait until the person returns

D) A warrant of arrest is automatically issued

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Bar Council Full Model Test 11 English | 100 Marks 60 Min