Bar Council Full Model Test 13 English

Bar Council Full Model Test 13 (English)

Bangladesh Bar Council Preliminary Full Model Test 13

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

Section 57 deals with an injunction to perform a:

A) Positive agreement

B) Oral agreement

C) Negative agreement

D) Illegal agreement

2 / 100

Under Section 12(3), when appealing a decree, what time is excluded besides the copy of the decree?

A) Time requisite for obtaining a copy of the judgment on which it is founded

B) Time spent hiring a lawyer

C) Travel time

D) Public holidays

3 / 100

(Illustration) Right to sue for hereditary office while insane. Recovers reason 6 yrs later. Ordinary law gives 6 yrs. Does Sec 6 extend this?

A) No extension of time will be given

B) Yes, by 3 years

C) Yes, by 12 years

D) Time is halved

4 / 100

Under Section 8, does Section 6 or 7 apply to suits to enforce rights of pre-emption?

A) Only in rural areas

B) No, it is a special exception

C) Only for family property

D) Yes

5 / 100

Is a High Court Judge's decree sitting alone appealable to the Appellate Division under Section 111?

A) N/A

B) Cannot be determined

C) Yes

D) No

6 / 100

What happens if an advocate fails to pay the annual fee on time?

A) Fine

B) 6 months jail

C) Voting right lost/Name suspended

D) Certificate cancelled

7 / 100

A suggests B to give false evidence. B, in consequence, commits that offence.

A) A is guilty but B is not liable.

B) A is guilty of abetting the offence and is liable to the same punishment as B.

C) A commits no offence but B is liable.

D) A commits no offence as mere suggestion is not an offence.

8 / 100

To have property restored under Section 89, the person must prove they did not abscond to avoid the warrant and:

A) They are innocent of the charges

B) They were sick

C) They were out of the country

D) They had no notice of the proclamation to enable them to attend

9 / 100

According to Section 92, what action follows if a person breaches a bond taken for appearance?

A) A fine is automatically deducted from their bank

B) The bond is renewed

C) The officer presiding may issue a warrant for their arrest

D) The case is dismissed

10 / 100

The powers, duties, and liabilities of a receiver appointed for attachment are the same as those under the:

A) Evidence Act, 1872

B) Code of Civil Procedure, 1908

C) Penal Code, 1860

D) Code of Criminal Procedure, 1898

11 / 100

A foreign judgment sustains a claim founded on a breach of any law in force in Bangladesh. Is it conclusive?

A) Yes

B) No

C) N/A

D) Cannot be determined

12 / 100

Can an injunction be granted to stay proceedings in any criminal matter?

A) Only for major offenses

B) Yes

C) Only for minor offenses

D) No

13 / 100

Under section 116 of Evidence Act, the tenant is estopped

A) both (a) & (b)

B) from denying the title to the property, of the actual owner

C) only (b) & not (a)

D) from denying the title to the property, of the landlord

14 / 100

Under Section 11(2), what two conditions make a foreign rule of limitation a valid defense in Bangladesh?

A) Contract extinguished by rule AND parties domiciled there

B) Plaintiff agrees AND court approves

C) Claim exceeds 10k Taka AND defendant is foreigner

D) Contract is written AND notarized

15 / 100

Every Court of Small Causes is subordinate to:

A) The District Court only

B) The High Court Division only

C) Both the High Court Division and the District Court

D) The Supreme Court only

16 / 100

What is considered conclusive evidence that a proclamation was duly published?

A) A photo of the notice

B) A written statement by the Court issuing the proclamation

C) A newspaper clipping

D) The testimony of the police officer

17 / 100

Under Section 113, a Court refers a case for opinion to:

A) The High Court Division

B) The Attorney General

C) The Supreme Court Appellate Division

D) The District Court

18 / 100

According to Section 151, the ends of justice and preventing abuse of the process of the Court are the basis of the Court's:

A) Inherent powers

B) Appellate powers

C) Revisional powers

D) Pecuniary powers

19 / 100

An injunction cannot be granted to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, UNLESS:

A) The defendant agrees

B) Restraint is necessary to prevent a multiplicity of proceedings

C) The plaintiff is poor

D) The judge is biased

20 / 100

A mother-in-law, by her cruel conduct and suggestions, intentionally goads her daughter-in-law to commit suicide. She is:

A) None of the above.

B) Liable for cruel conduct only.

C) Guilty of abetment of suicide.

D) Not guilty of abetment of suicide.

21 / 100

What is the quorum for the Executive Committee of the Bar Council?

A) 2 members

B) 4 members

C) 3 members

D) 5 members

22 / 100

A seeks an injunction to restrain his partner B from receiving debts. A had improperly possessed the books of the firm and refused B access. Will the Court grant the injunction?

A) Yes, temporarily

B) No, the Court will refuse

C) Yes, with fine

D) Yes

23 / 100

Section 94(c) allows the Court to grant a:

A) Temporary injunction

B) Mandatory injunction

C) Permanent injunction

D) Declaratory decree

24 / 100

To whom are the copies of the Tribunal's orders given free of cost?

A) Attorney General

B) Both complainant and accused

C) Complainant only

D) Accused only

25 / 100

A criminal conspiracy consists of:

A) A common intention to achieve an unlawful object without agreement.

B) Two or more persons inducing a minor.

C) An agreement of two or more persons to do an illegal act or a lawful act by illegal means.

D) An intentional act of one person with the connivance of another.

26 / 100

Can the High Court Division transfer a suit of its own motion without notice to the parties?

A) N/A

B) Cannot be determined

C) No

D) Yes

27 / 100

Do the rules regarding service and execution of summonses and warrants in Chapter VI apply to all summonses and warrants issued under the Code?

A) No, only to bailable offences

B) Only in Metropolitan areas

C) No, only to non-bailable offences

D) Yes, so far as they may apply

28 / 100

Section 120 states that Sections 16, 17, and 20 do NOT apply to the High Court Division in the exercise of its:

A) Revisional jurisdiction

B) Original civil jurisdiction

C) Review jurisdiction

D) Appellate civil jurisdiction

29 / 100

Which of the following is NOT an element of Criminal Conspiracy?

A) An agreement between two or more persons.

B) Doing an illegal act.

C) Doing a legal act by illegal means.

D) Acting without any agreement or communication.

30 / 100

Does Section 14(2) apply to suits or applications?

A) Only suits

B) Any application

C) Only appeals

D) Only criminal cases

31 / 100

Does the abettor need to concert the offence directly with the person who commits it?

A) Yes, direct communication is mandatory.

B) No, it is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

C) Yes, otherwise he is only an accessory after the fact.

D) None of the above.

32 / 100

A supplies food to a person, knowing he is a criminal but not knowing his current specific plan. Is A guilty of abetment?

A) Yes, it is abetment.

B) None of the above.

C) No, mere supply of food without facilitating a specific crime is not intentional aiding/abetment.

D) Yes, he is a criminal.

33 / 100

A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there.

A) A, though guilty of abetting the burning of the house, is not guilty of abetting the theft.

B) A is guilty of abetting both the burning and the theft.

C) A is guilty of theft by setting fire.

D) A is guilty of neither.

34 / 100

A and B plan to poison Z. B tells C a third person will administer it. C procures poison for B. A administers it, killing Z. What is C's liability?

A) C is not liable for murder.

B) C is liable for abetment of murder as he engaged in the conspiracy in pursuance of which Z was killed.

C) C is not liable as he didn't concert with A directly.

D) C is liable only for attempt.

35 / 100

Section 14(1) requires the prior proceeding to have been prosecuted due to a defect of jurisdiction or:

A) Other cause of a like nature

B) Lack of evidence

C) Witness absence

D) Fraud by the defendant

36 / 100

Estoppel

A) both (a) & (b) are correct

B) neither (a) nor (b) is correct

C) creates a cause of action

D) is a cause of action in itself

37 / 100

Estoppel can be

A) all the above

B) by election

C) by negligence

D) by silence

38 / 100

Rule of estoppel of tenants and of licence of person in possession is contained in

A) section 117 of Evidence Act

B) section 116 of Evidence Act

C) section 118 of Evidence Act

D) section 119 of Evidence Act

39 / 100

A dumb person is a competent witness as provided under

A) section 120 of Evidence Act

B) section 121 of Evidence Act

C) section 119 of Evidence Act

D) section 118 of Evidence Act

40 / 100

Section 6 prevents a Court from exercising jurisdiction if the value of the subject-matter:

A) Is below its limits

B) Is exactly its limit

C) Involves immovable property

D) Exceeds its pecuniary limits

41 / 100

If the attached property consists of live-stock or is perishable, the Court may:

A) Give it to a charity

B) Destroy it

C) Order immediate sale thereof

D) Return it to the owner's family

42 / 100

If the property ordered to be attached is immovable land paying revenue to the Government, the attachment is made through the:

A) Forest Officer

B) Tax Inspector

C) Superintendent of Police

D) Collector of the district

43 / 100

Generally, the Government shall not sell the attached property until the expiration of:

A) 2 years from attachment

B) 6 months from attachment

C) 1 month from attachment

D) 3 months from attachment

44 / 100

Under Section 91, if a person who could be summoned is already present in Court, the presiding officer may:

A) Sentence them

B) Ask them to leave

C) Arrest them immediately

D) Require them to execute a bond for appearance

45 / 100

Estoppel operates in case of a tenant

A) who remain in possession after the termination of tenancy by notice to quit

B) during the continuance of tenancy

C) only (a) and not (b)

D) both (a) and (b)

46 / 100

In which of the following there is no estoppel

A) on a point of law

B) all the above

C) attestation of a deed

D) against a statute

47 / 100

A supplies tools to a person specifically knowing they will be used for a planned burglary. A is:

A) None of the above.

B) Guilty of burglary directly.

C) Not guilty of abetting.

D) Guilty of abetting the offence.

48 / 100

Can a case be remanded by an Appellate Court under Section 107?

A) No

B) Cannot be determined

C) N/A

D) Yes

49 / 100

Abetment is caused by:

A) Engaging in a conspiracy to commit it.

B) All of these.

C) Intentionally aiding a person to commit it.

D) Instigating a person to commit an offence.

50 / 100

Estoppel is a rule of

A) criminal action

B) both civil and criminal action

C) only (b) and not (a)

D) civil action

51 / 100

Can an injunction be granted to interfere with the public duties of any department of the Government?

A) Yes, if duty is financial

B) No

C) Yes, if ordered by a magistrate

D) Yes

52 / 100

What suspends the running of time for recovering a debt according to the proviso of Section 9?

A) Letters of administration to the estate of a creditor being granted to his debtor

B) The debtor leaving the country

C) A national emergency

D) The creditor falling ill

53 / 100

A person can abet an offence by intentional aiding:

A) Either prior to or at the time of the commission of the act.

B) Only at the time of the commission of the act.

C) Only after the act is completed.

D) Only prior to the act being done.

54 / 100

Section 13 states that the time a defendant is absent from territories under whose administration is excluded?

A) The UN

B) Foreign powers

C) The British Crown

D) The Government

55 / 100

If the proclaimed person does NOT appear, the attached property shall be at the disposal of:

A) The Court

B) The Police Department

C) The victim of the crime

D) The Government

56 / 100

A foreign judgment obtained by fraud is:

A) N/A

B) Conclusive

C) Not conclusive

D) Cannot be determined

57 / 100

The estoppel in section 115 of Evidence Act

A) is an estoppel by pais

B) all the above

C) is an estoppel by deed

D) is an estoppel by record

58 / 100

The Court issuing a proclamation under Section 87 may also order:

A) The arrest of the person's family

B) The cancellation of the person's passport

C) The demolition of the person's house

D) The attachment of property belonging to the proclaimed person

59 / 100

Under Section 10, does the exemption from limitation apply to "assigns for valuable consideration" of a trustee?

A) No, they are explicitly excluded

B) Only if the assignment was secret

C) Yes

D) Only for real estate

60 / 100

Where a contract comprises an affirmative agreement coupled with a negative agreement, can the Court grant an injunction to perform the negative agreement?

A) No, never

B) Only in criminal cases

C) Only if separate

D) Yes, provided applicant has not failed to perform

61 / 100

Estoppel

A) both (b) & (c) are correct

B) should be specifically pleaded

C) may be specifically pleaded or may not be specifically pleaded

D) need not be specifically pleaded

62 / 100

A tenant or licensee under section 116 of Evidence Act is estopped from denying the title of landlord

A) all the above

B) after the creation of tenancy or licence

C) during the continuance of tenancy

D) after the surrender of possession under tenancy or licence

63 / 100

What is the pupillage duration for LL.M or Barrister-at-Law degree holders?

A) 3 months

B) Exempted

C) 1 year

D) 6 months

64 / 100

A sells an article called "Mexican Balm" falsely claiming rare essences. B pirates it. A sues for an injunction. Will A get an injunction?

A) Only temporary

B) Yes

C) Yes, A pays B

D) No, A's use is not honest

65 / 100

A person may seek restoration of their attached (and forfeited) property if they appear or are apprehended within:

A) 2 years from the date of attachment

B) 6 months

C) 1 year

D) 5 years

66 / 100

A contracts to sell to B the goodwill of a business and agrees not to carry on that business in Chittagong. A carries it on. Can B obtain an injunction?

A) Only if A agrees

B) Yes, to restrain A

C) No, only damages

D) Yes, to arrest

67 / 100

Estoppel can be

A) all the above

B) by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

C) by matter of record resulting from the judgment of a competent court

D) by deed resulting from entering into a solemn engagement as to certain facts

68 / 100

Under Section 56(j), an injunction cannot be granted when the conduct of the applicant or his agents has been such as to:

A) Delay proceedings

B) Disentitle him to the assistance of the Court

C) Prove his innocence

D) Speed up trial

69 / 100

Within what timeframe must a third party prefer a claim or objection to the attachment of property?

A) Within 3 months

B) Within 30 days

C) Within 1 year

D) Within 6 months

70 / 100

If a person fails to appear despite a summons being duly served in time, the Court may issue a warrant. What must the Court do before issuing this warrant?

A) Record its reasons in writing

B) Fine the person

C) Wait 30 days

D) Publish a notice in the newspaper

71 / 100

(Illustration) Landlord A is an idiot. Dies 3 yrs later, idiocy continuing. Representative has 9 yrs under ordinary law. Does Sec 6 extend this?

A) The right is extinguished

B) No, it does not extend the time

C) Yes, adds 12 years

D) Yes, adds 3 years

72 / 100

Section 82 deals with:

A) Commissions

B) Rateable distribution

C) Execution of decree against the Government or a public officer

D) Foreign Rulers

73 / 100

Under Section 90, a Court may issue a warrant in lieu of a summons if:

A) The offence is minor

B) The person is a repeat offender

C) It believes the person has absconded or will not obey the summons

D) The police request it

74 / 100

A Rule Committee report regarding First Schedule rules is made to the:

A) Ministry of Law

B) President

C) Supreme Court

D) Parliament

75 / 100

The offence of abetment by instigation is completed as soon as:

A) The person abetted takes a physical step towards the crime.

B) The offence abetted has been committed.

C) All of the above.

D) The abettor has incited another person to commit an offence.

76 / 100

To attach property situated outside the local area, the order must be endorsed by the:

A) Superintendent of Police

B) District Magistrate, CJM, or CMM where the property is situated

C) High Court Division

D) Local Mayor

77 / 100

"Decree" shall be deemed to include the determination of any question within section:

A) 11

B) 10

C) 151

D) 144

78 / 100

Which of the following statements is true in relation to the offence of abetment?

A) It is not necessary that the offence for which abetment is alleged should have been committed.

B) Unless an offence is successfully committed, there is no abetment.

C) The abettor must be present at the crime scene.

D) The abettor must physically help the principal.

79 / 100

Under section 118 who amongst the following are competent witnesses

A) accused

B) all the above

C) lunatic

D) child

80 / 100

In the context of abetment, the word 'Instigate' means:

A) To cheat.

B) To do an unlawful act physically.

C) To provoke, to incite, or to encourage.

D) None of the above.

81 / 100

"Judgment-debtor" means any person against whom a decree has been passed or:

A) An order capable of execution has been made

B) A fine has been levied

C) A warrant has been issued

D) A suit has been instituted

82 / 100

Which of the following statements regarding abetment is NOT correct?

A) If the abetted person is legally incapable of committing a crime (e.g., a lunatic), the abettor cannot be held liable.

B) An abettor is liable even if the abetted act is not committed.

C) Abetment can be committed by intentional aiding.

D) An abettor is liable for the probable consequences of his instigation.

83 / 100

An objection as to the place of suing will not be allowed by an appellate court unless there has been a consequent:

A) Delay

B) Procedural error

C) Failure of justice

D) Monetary loss

84 / 100

If the proclaimed person appears within the time specified in the proclamation, the Court shall:

A) Sell the property anyway

B) Make an order releasing the property from attachment

C) Confiscate half the property

D) Keep the property attached until the trial ends

85 / 100

What is the deadline to pay the Annual Fee to the Bar Council?

A) 31-Jan

B) 31-Dec

C) 28-Feb

D) 31-Mar

86 / 100

A person is competent to testify

A) if has (a) only and not (b)

B) if he is able to give rational answers to those questions

C) if has both (a) & (b)

D) if he understands the question put to him

87 / 100

Is "growing crops" included in movable property?

A) Yes

B) Cannot be determined

C) N/A

D) No

88 / 100

A husband and wife, due to financial difficulties, decide to commit suicide. A procures poison which both take. A survives, but B (the wife) dies.

A) A is liable for abetment of suicide.

B) A is liable for murder.

C) A is only liable for attempting to commit suicide.

D) A has committed no offence.

89 / 100

Estoppel deals with

A) both (a) & (b)

B) neither (a) nor (b)

C) question of right

D) question of facts

90 / 100

Which of the following is correct?

A) None of the above.

B) Advice per se does not necessarily amount to instigation unless it actively encourages the offence.

C) Advice always amounts to instigation.

D) Instigation must always be active, never passive.

91 / 100

Any person whose claim to attached property is disallowed may institute a civil suit to establish their right within:

A) 3 years

B) 6 months

C) 1 year from the date of the order

D) 30 days

92 / 100

If a claimant to attached property dies within the allowed period, the claim may be continued by:

A) The State

B) His legal representative

C) No one, the claim becomes void

D) The police

93 / 100

An injunction cannot be granted where the applicant has no:

A) Registered documents

B) Financial backing

C) Legal counsel

D) Personal interest in the matter

94 / 100

Under Section 91, who must give written consent for two or more persons to institute a suit for public nuisance?

A) The District Judge

B) The Police Commissioner

C) The Chief Justice

D) The Attorney General

95 / 100

For the offence of abetment:

A) It requires the abettor to be physically present.

B) It is NOT necessary that the act abetted must be committed.

C) None of the above.

D) It is necessary that the act abetted must be committed.

96 / 100

Under Section 107, a person abets the doing of a thing who:

A) Intentionally aids the doing of that thing.

B) Engages in a conspiracy for doing that thing.

C) All of the above.

D) Instigates any person to do that thing.

97 / 100

If the property to be attached is a debt or movable property, attachment can be made by:

A) Seizure

B) All of the above

C) Order prohibiting delivery

D) Appointment of a receiver

98 / 100

For criminal conspiracy, the minimum number of persons required is:

A) Two

B) One

C) Five

D) Three

99 / 100

Under Section 95, a Court cannot award compensation exceeding:

A) 1,00,000 Taka

B) 25,000 Taka

C) 50,000 Taka

D) Its pecuniary jurisdiction limits

100 / 100

For a suit under Section 17, the entire claim must be cognizable by the Court in respect of the:

A) Value of the subject-matter

B) Location of the plaintiff

C) Defendant's business

D) Type of property

The average score is 0%

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Bar Council Full Model Test 13 English | 100 Marks 60 Min