Bar Council Full Model Test 12 English

Bar Council Full Model Test 12 (English)

Bangladesh Bar Council Preliminary Full Model Test 12

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

In the case of piracy or threatened publication of immoral communications, the Court may also order the copies or communications to be:

A) Kept in archive

B) Published in a gazette

C) Sold at auction

D) Given up or destroyed

2 / 100

What must the person executing a warrant of arrest notify the arrested person about?

A) Their right to remain silent

B) The substance of the warrant

C) The name of the judge

D) The maximum penalty for the crime

3 / 100

A entered B's house at night to commit theft. B struck him and A fell unconscious. B gave him another fatal blow on the head while A was unconscious. B claims private defence.

A) B exceeded his right of private defence as the threat had ended when A became unconscious. B is liable for culpable homicide.

B) B was entitled to cause death under Section 104.

C) B acted fully within his right of private defence and is not liable.

D) B is completely innocent under Section 103.

4 / 100

Section 114 of Evidence Act provides for certain

A) rebuttable presumptions of law

B) presumption of facts

C) irrebuttable presumptions of law

D) presumption of facts & law both

5 / 100

Under Section 54, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by:

A) Coercion

B) Fraud

C) Force

D) Implication

6 / 100

What is the pass mark for the MCQ phase of the Advocate Enrollment Exam?

A) 50

B) 45

C) 40

D) 60

7 / 100

Does "Government Pleader" include any pleader acting under the directions of the Government Pleader?

A) Only if authorized by the District Judge

B) Yes

C) Only in criminal cases

D) No

8 / 100

Section 48 sets a general time limit of 12 years for execution. Does this apply to a decree granting an injunction?

A) Yes

B) N/A

C) No

D) Cannot be determined

9 / 100

Under the Bangladesh Penal Code, there can be abetment of:

A) An infant.

B) Neither.

C) Both (a) and (b).

D) A person of unsound mind.

10 / 100

How many years of experience must a senior advocate have to take on a pupil?

A) 10 years

B) 5 years

C) 12 years

D) 7 years

11 / 100

Section 112 of Evidence Act applies when there is a dispute regarding

A) maternity of a child

B) both (a) & (b)

C) either (a) or (b)

D) paternity of a child

12 / 100

In which geographical area can a warrant of arrest be executed?

A) Only in Metropolitan Areas

B) At any place in Bangladesh

C) Only in the issuing district

D) Only in the division where it was issued

13 / 100

(Illustration) Right to sue accrues to X during minority. X dies. Minor son Y succeeds. When does time run against Y?

A) From X's date of death

B) From the date Y attains majority

C) It doesn't run at all

D) From the original date of accruer

14 / 100

Does Section 5 explicitly mention an application for "leave to appeal"?

A) No

B) Yes

C) Only for Supreme Court

D) Only for criminal cases

15 / 100

Under Section 7, what is required for time to run against jointly entitled persons when one is disabled?

A) A discharge can be given without the concurrence of the disabled person

B) A court order

C) The disabled person must consent

D) The capable persons must wait

16 / 100

By what is a perpetual injunction granted?

A) By an interim order

B) By plaintiff's advocate

C) By a police officer

D) By the decree made at the hearing and upon the merits

17 / 100

Under Section 83, a Court forwarding a warrant by post for execution outside its jurisdiction can send it to an Executive Magistrate, District Superintendent of Police, or:

A) Police Commissioner in a Metropolitan Area

B) Chief Justice

C) Mayor

D) Prime Minister

18 / 100

A finds a thief B entering his house through a hole. A pins B face down to the ground merely to prevent entry, inadvertently causing B's death by suffocation.

A) A is liable because he caused death against a mere thief.

B) A is liable for culpable homicide and has no defence.

C) A is liable for causing hurt only.

D) A was entitled to claim private defence to prevent entry; if he did not intend death or grievous hurt, the harm caused might be justifiable.

19 / 100

Presumption under section 112 of Evidence Act is raised

A) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

B) in only (a) & not (b)

C) when a child is born during the continuance of valid marriage

D) in both (a) & (b)

20 / 100

(Illustration) Debt to firm E, F, G. E & F insane, G minor. When will time run against them?

A) Immediately

B) After 3 years

C) When G attains majority, or either E or F becomes sane

D) Never

21 / 100

The directors of a company are about to pay a dividend out of capital. Any of the shareholders may sue for:

A) An injunction to restrain them

B) Arrest of the directors

C) Liquidation of the company

D) Specific performance

22 / 100

Section 112 of Evidence Act contains

A) a presumption of fact

B) a rebuttable presumption of law

C) a mixed presumption of fact & law

D) an irrebuttable presumption of law

23 / 100

When a landholder receives a directed warrant, what is his initial duty?

A) Acknowledge in writing the receipt of the warrant

B) Arrest everyone on his land

C) Call the media

D) Refuse it if he wishes

24 / 100

For the purpose of Section 54, a trademark is considered:

A) A liability

B) A personal right

C) A public right

D) Property

25 / 100

A instigates B to murder C. B refuses to do so. Under the Penal Code:

A) A is guilty of abetting B.

B) A is not guilty of abetting B.

C) A is not guilty as C was not murdered.

D) None of the above.

26 / 100

An order of dismissal for default is considered a decree.

A) True

B) False

C) Cannot be determined

D) N/A

27 / 100

According to Section 3, when is a suit instituted in the case of a claim against a wound-up company?

A) On the date of winding up

B) When the claimant first sends in his claim to the official liquidator

C) When the liquidator is appointed

D) When the court confirms the claim

28 / 100

How many times can a candidate appear for the viva-voce after passing the written exam?

A) 1 time

B) 3 times

C) 2 times

D) Unlimited

29 / 100

The doctrine of estoppel is a

A) substantive law

B) rule of equity

C) rule of evidence

D) law of pleadings

30 / 100

A enters a house at night which he is legally entitled to enter. Z, in good faith, mistakes A for a housebreaker and attacks him.

A) Z is not liable because A was a burglar.

B) Z is not liable because he acted in the exercise of his right of private defence under a misconception of fact.

C) Z is liable for failing to exercise proper care.

D) Z is liable for voluntarily causing hurt.

31 / 100

Are books of account liable to attachment and sale in execution of a decree?

A) Only if they belong to a corporation

B) Yes

C) Yes, if they are digital

D) No

32 / 100

Which of the following is NOT a required method for publishing a proclamation?

A) Read publicly in a conspicuous place of the town/village

B) Broadcast on national television

C) Affixed to a conspicuous part of the Court-house

D) Affixed to a conspicuous part of the house/homestead

33 / 100

The right of private defence against an assault which reasonably causes the apprehension of death extends to:

A) Causing harm to an innocent person if the defender cannot effectively exercise the right without taking that risk (Section 106).

B) Causing harm to the innocent person only if he is suspected to be the assaulter.

C) None of the above.

D) Intentionally killing innocent bystanders.

34 / 100

The exercise of the right of private defence is subject to which limitation under Section 99?

A) It does not apply to property disputes.

B) It is not available if the attacker is unarmed.

C) It requires permission from a magistrate.

D) It in no case extends to inflicting more harm than is necessary for the purpose of defence.

35 / 100

Are sections 4 to 25 inclusive acting as exceptions to the general rule of dismissal in Section 3?

A) Only sections 4 to 10

B) No

C) Only sections 12 to 25

D) Yes

36 / 100

Can a police-officer execute a warrant outside his jurisdiction without obtaining an endorsement from the local authority?

A) Yes, if there is reason to believe the delay will prevent execution

B) No, it is strictly forbidden

C) Only if the suspect is a foreigner

D) Yes, but only in bailable cases

37 / 100

Under Section 79, in a suit against the Government, the authority to be named as defendant shall be:

A) The District Magistrate

B) The Prime Minister

C) The Ministry concerned

D) Bangladesh

38 / 100

Section 60(1)(i) protects what amount of a regular salary (not govt/railway) from attachment?

A) First 5000 Taka

B) The entire salary

C) First 1000 Taka and half the remainder

D) First hundred Taka and one-half the remainder

39 / 100

If demanded by the person being arrested, the executing officer must:

A) Allow them to make a phone call

B) Remove handcuffs

C) Take them home first

D) Show him the warrant

40 / 100

A pollutes the air with smoke so as to interfere materially with the physical comfort of B and C. Can B and C sue for an injunction?

A) Only if landlords

B) Only if toxic

C) Yes

D) No, only damages

41 / 100

For a non-bailable offence, who is authorized under Section 86 to release the person on interim bail outside the issuing jurisdiction?

A) A Sessions Judge, CJM, CMM, or specially empowered 1st class Magistrate

B) An Executive Magistrate

C) The local UP Chairman

D) Any police constable

42 / 100

Presumption as to abetment of suicide by a married woman has been provided

A) under section 113B of Evidence Act

B) under section 113 of Evidence Act

C) under section 111A of Evidence Act

D) under section 113A of Evidence Act

43 / 100

Under Section 79, can a warrant directed to one police-officer be executed by another?

A) Yes, if the other officer's name is endorsed upon the warrant

B) Yes, if the original officer's name is crossed out

C) No, never

D) Only if the second officer is of higher rank

44 / 100

In Section 51(c), execution of decree can be ordered by:

A) Hanging

B) Public flogging

C) Exile

D) Arrest and detention in prison

45 / 100

Can a civil court try a suit if its cognizance is impliedly barred?

A) Yes

B) Yes, with Government permission

C) Only if the value is high

D) No

46 / 100

What happens if a judgment-debtor released on security to apply for insolvency fails to apply within one month (Section 55)?

A) The Court forgives him

B) He is permanently exempted

C) The Court may direct the security to be realized or commit him to civil prison

D) The Court transfers the case

47 / 100

Estoppels are binding

A) both (a) & (b) only

B) upon privies of the litigating parties

C) upon litigating parties

D) upon strangers to the lis

48 / 100

Under Section 30, the Court can order any fact to be proved by:

A) Affidavit

B) Oral oath only

C) Two witnesses

D) Polygraph test

49 / 100

The right of private defence of the body extends to causing death against all of the following EXCEPT:

A) An assault with the intention of committing rape.

B) An assault with the intention of kidnapping or abducting.

C) An assault with the intention of wrongfully restraining a person (without apprehension of death or grievous hurt).

D) An assault with the intention of gratifying unnatural lust.

50 / 100

Presumption

A) is an evidence

B) is a proof

C) all the above

D) shows on whom the burden of proof lies

51 / 100

The deciding factor under section 112 of Evidence Act is

A) the date of birth of the child

B) the date of conception of the child

C) the date of birth or the date of conception depending

D) only (b) & not (a)

52 / 100

Explanation I of Section 20 deals with:

A) Minors

B) Corporations

C) A person having a permanent dwelling and a temporary residence

D) Foreign Rulers

53 / 100

Can a person affected by a legal disability institute a suit during the disability?

A) Yes, through legal representatives or next friends

B) No, strictly prohibited

C) Only with the President's permission

D) Only if the defendant agrees

54 / 100

Punishment for criminal conspiracy is provided in:

A) Section 120B

B) Section 120A

C) Section 144

D) Section 109

55 / 100

The doctrine of estoppel is contained in

A) section 113 of Evidence Act

B) section 115 of Evidence Act

C) section 112 of Evidence Act

D) section 114 of Evidence Act

56 / 100

A pirates B's copyright. B may obtain an injunction unless the work is:

A) Libellous or obscene

B) In a foreign language

C) Anonymous

D) Older than 10 years

57 / 100

If a warrant is directed to multiple officers, who may execute it?

A) Only the officer named first

B) All of them, or any one or more of them

C) They must all execute it together simultaneously

D) Only the senior-most officer

58 / 100

Presumption under section 114 of Evidence Act can be raised having regard to the common course of

A) human conduct

B) public and private business

C) natural events

D) all of the above

59 / 100

A is B's medical adviser. He threatens to publish B's written communications showing B led an immoral life. Can B obtain an injunction?

A) No, because it's the truth

B) Yes, to restrain the publication

C) No, medical advisers have immunity

D) Only if B pays

60 / 100

The definition of criminal conspiracy is provided in which section of the Penal Code?

A) Section 120A

B) Section 120B

C) Section 120

D) Section 121

61 / 100

A lets lands to B, and B contracts not to dig sand or gravel thereout. B threatens to dig. A may sue for:

A) Rescission of contract

B) Rectification of contract

C) An injunction to restrain B

D) Specific performance

62 / 100

The right of private defence of property extends to voluntarily causing death if the apprehended offence is:

A) All of the above.

B) Mischief by fire on a human dwelling.

C) Robbery.

D) Theft causing apprehension of death or grievous hurt.

63 / 100

What is the maximum number of pupils a senior advocate can take at the same time?

A) 5

B) 2

C) 3

D) 4

64 / 100

Under Section 94, a person is not excused for acts done under compulsion of threats causing apprehension of instant death if the offence is:

A) Dacoity and robbery.

B) Murder and rape.

C) Murder and offences against the State punishable with death.

D) Murder and grievous hurt.

65 / 100

According to Section 81, a police-officer executing a warrant must bring the arrested person before the Court:

A) Within 48 hours

B) Without unnecessary delay

C) Before the next weekend

D) Within 72 hours

66 / 100

Under Section 55, when a judgment-debtor is brought before the Court after arrest for a money decree, the Court shall inform him that he may apply to be declared:

A) A foreign ruler

B) An insolvent

C) An alien enemy

D) A recognized agent

67 / 100

In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under section 112 of Evidence Act arises

A) either in (a) or (b)

B) if the father is not alive on the day the child is born

C) irrespective of whether the father is alive or dead on the day the child is born

D) if the father is alive on the day the child is born

68 / 100

For abetment by conspiracy under Section 107:

A) Some act or illegal omission must take place in pursuance of the conspiracy.

B) A mere agreement is sufficient.

C) There must be intentional physical aid.

D) None of the above.

69 / 100

Which of the following is NOT a requirement for the defence of compulsion under Section 94?

A) The act must be compelled by threats.

B) The threat must reasonably cause apprehension of instant death.

C) The person must not have voluntarily placed himself in that situation.

D) Threat of future death or grievous hurt is sufficient.

70 / 100

Does Section 6(1) apply to applications for the execution of a decree?

A) Only monetary decrees

B) No

C) Only decree of possession

D) Yes

71 / 100

Which section of the Code of Civil Procedure, 1908 is directly referenced in Section 6(1)?

A) Section 48

B) Section 11

C) Section 10

D) Section 151

72 / 100

After an arrest is made by a landholder under Section 78, the arrested person must be made over to:

A) The nearest police-officer

B) The High Court

C) The local Union Parishad Chairman

D) The District Magistrate

73 / 100

Can a mere right to sue for damages be attached in execution of a decree?

A) No

B) Cannot be determined

C) Yes

D) N/A

74 / 100

Under Section 86(1), if the offence is bailable and the arrested person is ready to give bail to the local Magistrate/DSP, what must the officer do?

A) Take the bail and forward the bond to the issuing Court

B) Call the issuing judge for permission

C) Deny bail and send to jail

D) Demand cash instead of a bond

75 / 100

Abetment of an offence is:

A) Always an offence.

B) Never an offence unless the act is completed.

C) Not a punishable crime.

D) None of the above.

76 / 100

When granting interim bail under Section 86, the Judge or Magistrate must:

A) Demand a 10 Lakh Taka deposit

B) Keep the person in police custody for 24 hours first

C) Confiscate the person's passport

D) Record reasons in writing

77 / 100

Which of the following is an essential element of Criminal Conspiracy (Section 120A)?

A) There must always be an agreement to commit an offence.

B) All of the above.

C) It may be an agreement to do an illegal act, or a legal act by illegal means.

D) The agreement must be between two or more persons.

78 / 100

If immediate execution is necessary and no police-officer is available, a Court (other than a Metropolitan Magistrate) may direct a warrant to:

A) The complainant

B) Only the military

C) No one, they must wait for police

D) Any other person or persons

79 / 100

When the defendant invades the plaintiff's right to property, an injunction may be granted where there exists no standard for ascertaining the actual damage.

A) False

B) True

C) Only for moveable property

D) Only for government property

80 / 100

Presumption as to dowry death is contained in

A) section 111A of Evidence Act

B) section 113B of Evidence Act

C) section 113 of Evidence Act

D) section 113A of Evidence Act

81 / 100

Which section states "Every suit shall be instituted in the Court of the lowest grade competent to try it"?

A) Section 9

B) Section 10

C) Section 15

D) Section 20

82 / 100

Under Section 16, a suit for foreclosure of a mortgage of immovable property shall be instituted in the Court where:

A) The plaintiff resides

B) The defendant works for gain

C) The property is situate or where cause of action arose

D) The contract was registered

83 / 100

"Pecuniary Jurisdiction" is dealt with in which section of the CPC (English)?

A) Section 9

B) Section 16

C) Section 6

D) Section 11

84 / 100

Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

A) within 7 years of marriage

B) within 5 years of marriage

C) within 1 year of marriage

D) within 3 years of marriage

85 / 100

A is attacked by a mob attempting to murder him. He cannot effectively exercise his right without firing on the mob, risking the lives of children mingled in the mob.

A) None of the above.

B) A commits no offence if by firing he harms the children (Section 106).

C) A is guilty if he harms children without going to the police.

D) A is guilty of murder if a child dies.

86 / 100

Under Section 85, a person arrested outside the issuing district must be taken before the local Executive Magistrate, DSP, or Police Commissioner UNLESS:

A) The Court which issued the warrant is within 20 miles of the place of arrest

B) The arrest was made at night

C) The person has no criminal record

D) The person agrees to plead guilty

87 / 100

A Magistrate of the first class may direct a warrant to a landholder or farmer for the arrest of:

A) Any person who owes debt

B) A suspect in a bailable offence

C) A traffic violator

D) An escaped convict or proclaimed offender

88 / 100

A proclamation must require the absconding person to appear at a specified time not less than:

A) 60 days from publishing

B) 15 days from publishing

C) 7 days from publishing

D) 30 days from publishing

89 / 100

A person tracked the footprints of stolen cattle to a distant village, confronted the thieves there the next day, fired on them, and pleaded private defence.

A) He is entitled if the police were not nearby.

B) He is entitled to the benefit of private defence.

C) None of the above.

D) He is not entitled as the thieves had successfully effected their retreat and the immediate right had ceased.

90 / 100

Under Sec 5, who must satisfy the court about "sufficient cause"?

A) The court clerk

B) The public prosecutor

C) The appellant or applicant

D) The respondent

91 / 100

If the local limits of the jurisdiction of Courts are uncertain, the Court records a statement under:

A) Section 17

B) Section 18

C) Section 16

D) Section 19

92 / 100

When may a Court publish a written proclamation under Section 87?

A) If it has reason to believe a person against whom a warrant is issued has absconded

B) When a person appeals a conviction

C) For every traffic violation

D) To summon a witness

93 / 100

How many years of judicial service exempt a person from pupillage?

A) 7 years

B) 10 years

C) 5 years

D) 12 years

94 / 100

Can a decree passed by the High Court Division in the exercise of appellate jurisdiction be executed by the Court of first instance?

A) No, it must be retried

B) Yes, under Section 37

C) Yes, but only with Supreme Court permission

D) No, only the High Court can execute it

95 / 100

An accomplice is

A) a competent witness against an accused

B) not a competent witness against an accused

C) cannot be a competent witness against an accused

D) either (a) or (c)

96 / 100

When a police-officer takes a warrant for execution outside his local limits, he should ordinarily take it for endorsement to:

A) The UP Chairman

B) An Executive Magistrate or an officer in charge of a station

C) A civil court judge

D) The local MP

97 / 100

A, a public officer, is authorized to apprehend B. Z, knowing C is not B, willfully represents to A that C is B, leading to C's arrest.

A) A is guilty of causing wrongful apprehension.

B) None of the above.

C) A abets by instigation the apprehension of C.

D) Z abets by instigation the apprehension of C.

98 / 100

Under Section 63, if there is no difference in grade between Courts attaching the same property, which Court decides claims?

A) The Court under whose decree the property was first attached

B) The Collector

C) The Court which first passed the decree

D) The High Court Division

99 / 100

Can a suit be partly preliminary and partly final?

A) Cannot be determined

B) Yes

C) N/A

D) No

100 / 100

A asks his servant to beat B. The servant does so. A is guilty of:

A) None of the above.

B) Criminal conspiracy.

C) Abetment by instigation.

D) Criminal assault directly.

The average score is 0%

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Bar Council Full Model Test 12 English | 100 Marks 60 Min