Bar Council Full Model Test 14 English

Bar Council Full Model Test 14 (English)

Bangladesh Bar Council Preliminary Full Model Test 14

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

Does Section 17 (effect of death) apply to suits for the possession of an hereditary office?

A) Only for religious offices

B) Yes

C) Only for government offices

D) No

2 / 100

Section 16 relates to the exclusion of time for proceedings to set aside what kind of sale?

A) Auction by a bank

B) Sale of stolen goods

C) Sale in execution of a decree

D) Private property sale

3 / 100

A communication made to the spouse during marriage, under section 122 of Evidence Act

A) remains privileged communication after the dissolution of marriage by divorce or death

B) remains privileged after the dissolution of marriage by divorce but not so on after death

C) does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death

D) does not remain privileged after the dissolution of marriage by divorce or death

4 / 100

Courts of Additional and Assistant Judges shall be deemed subordinate to the District Court for the purposes of which section?

A) Section 115

B) Section 11

C) Section 24

D) Section 144

5 / 100

A instigates B to kidnap Z's son. B instigates C to do so, and C kidnaps the child.

A) Both A and B are guilty of abetment.

B) None of the above.

C) Only A is guilty of abetment.

D) Only B is guilty of abetting C.

6 / 100

Where the accused was charged with the main offence but evidence shows he only abetted it:

A) He must be acquitted entirely.

B) He can be convicted of abetment.

C) He cannot be convicted of abetment.

D) None of the above.

7 / 100

Protection under section 122 of Evidence Act

A) cannot be waived by the witness under any circumstances

B) either (a) or (c)

C) can be waived by the witness with the consent of husband or wife, only

D) can be waived by the witness without the consent of the husband or wife

8 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it is accompanied by a refusal to pay, deliver, or perform?

A) Only for small debts

B) Only if the refusal is polite

C) Yes

D) No, it nullifies it

9 / 100

Which Act was substituted for the "Indian Succession Act" by the Bangladesh Laws (Revision and Declaration) Act, 1973?

A) Evidence Act, 1872

B) Succession Act, 1925

C) Transfer of Property Act, 1882

D) Penal Code

10 / 100

According to Section 97, can a Court restrict a search-warrant to a specific place or part thereof?

A) Yes, and the search shall extend only to that specified place

B) Yes, but the police can ignore it

C) Only in civil cases

D) No, all search warrants must be general

11 / 100

To constitute the offence of abetment:

A) The person abetted must be capable by law of committing an offence.

B) The act abetted must be successfully committed.

C) Both (a) and (b) are necessary.

D) It is NOT necessary that the person abetted should be legally capable, nor that the act be committed.

12 / 100

Can a mediator under Section 89A dictate the terms of compromise?

A) N/A

B) No, the mediator only facilitates

C) Yes

D) Cannot be determined

13 / 100

When an act is abetted and a different act is done, the abettor is liable for the act done:

A) Only for the act he specifically abetted.

B) None of the above.

C) For the different act but with reduced penalty.

D) In the same manner and extent as if he had directly abetted it, if it was a probable consequence.

14 / 100

Interest adjudged on the principal sum for any period prior to the institution of the suit is determined by:

A) The agreement between parties or substantive law

B) The Government

C) The Court clerk

D) The CPC (English)

15 / 100

Admissibility of the evidence under section 122 of Evidence Act has to be adjudged

A) in the light of the status, on the date when the communication is sought to be tendered in court

B) either (a) or (b) or (c)

C) in the light of the status on the date when the communication was made

D) in the light of the status, on the date when the evidence is to be given in the court

16 / 100

If a person is found in a searched place privy to keeping stolen property, the authorized officer may:

A) Fine them on the spot

B) Take them into custody and bring them before a Magistrate

C) Confiscate their house

D) Let them go with a warning

17 / 100

To investigate specific offences (like 406, 409 Penal Code) regarding bank accounts, prior permission must be obtained from a:

A) Executive Magistrate

B) High Court Division

C) Sessions Judge

D) Superintendent of Police

18 / 100

A bigamous marriage took place. A priest officiated it knowing it was bigamous. What is the priest's liability?

A) Only the bride and groom are guilty.

B) The priest is liable for abetment of the bigamous marriage by intentional aiding.

C) The priest is not guilty.

D) No one is guilty of abetment.

19 / 100

Privilege under section 121 of Evidence Act is

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

B) may or may not be available to an arbitrator

C) not available to an arbitrator

D) available to an arbitrator

20 / 100

If a person is summoned merely to produce a document under Section 94, is personal attendance strictly required?

A) Yes, unless they are sick

B) Yes, always

C) No, causing the document to be produced is sufficient

D) Yes, accompanied by a lawyer

21 / 100

A search-warrant issued under Section 98 authorizes a police-officer of what rank?

A) Above the rank of a constable

B) Inspector or above

C) Any rank

D) Superintendent of Police only

22 / 100

If compensatory costs are awarded, are they taken into account in a subsequent suit for damages regarding the same claim?

A) Yes

B) No

C) Cannot be determined

D) N/A

23 / 100

B contracts with A to serve him as a clerk for 12 months. Is A entitled to specific performance?

A) Yes

B) Only for 6 months

C) Only if B is adult

D) No

24 / 100

Who has the power to remove an advocate enrolled through fraud?

A) General Body

B) Enrollment Committee

C) High Court

D) Bar Council Tribunal

25 / 100

A contracts not to set up a business within a specified distance, in consideration of 1000 Taka to be paid by B on a fixed day. B fails to pay. Can A be restrained?

A) No, because B failed to perform

B) Yes, if B pays in 30 days

C) Yes, if Court orders

D) Yes

26 / 100

When a Court in Bangladesh receives a warrant from a Court established by the Government outside Bangladesh, it executes the warrant:

A) After a 30-day waiting period

B) Only if the person is a foreign citizen

C) As if it were a warrant received from a Court within Bangladesh

D) Only if approved by the High Court

27 / 100

Husband & wife both are competent witness for & against each other

A) in both civil & criminal proceedings

B) in civil proceedings

C) in criminal proceedings

D) neither in civil nor in criminal proceedings

28 / 100

Under Section 93A, if a Court in Bangladesh desires to serve a summons outside Bangladesh, it sends it to:

A) The local embassy

B) The presiding officer of a Court established by the Government in foreign jurisdiction

C) Interpol

D) The foreign country's Prime Minister

29 / 100

Who may recover specific immoveable property in the manner prescribed by the Code of Civil Procedure?

A) Anyone who wants it

B) A person entitled to the possession of it

C) Only an executor

D) Only the government

30 / 100

Protection under section 122 of Evidence Act is

A) not confined to confidential communications only but extends to communication of whatever nature

B) only (c) and not (a) or (b)

C) confined to confidential communication and not applicable to general communication between the husband & wife

D) confined to confidential communication and may be extended to communications of general nature

31 / 100

Under Section 94, who may issue a summons or written order to produce a document or thing?

A) Any Court, or any officer in charge of a police-station

B) Only a High Court Judge

C) A private lawyer

D) Only a Magistrate

32 / 100

Before rateably distributing assets among decree-holders, the Court must first deduct:

A) Court fines

B) The judge's fee

C) The costs of realization

D) 10% tax

33 / 100

A instigates B to set fire to Z's house. B does so, and simultaneously commits theft there.

A) A is guilty of abetting the setting of fire only (theft was not a probable consequence of arson).

B) A is guilty of abetting both.

C) None of the above.

D) A is guilty of abetting theft only.

34 / 100

A instigates B, a child below 9 years of age, to set fire to a dwelling.

A) B is guilty, but A is not.

B) None of the above.

C) A is guilty of abetting B to set fire.

D) A is not guilty because B is a child.

35 / 100

In a suit against the Government relating to the affairs of the Railway, notice must be delivered to:

A) The General Manager of the Railway

B) The Station Master

C) The Secretary of Law

D) The Railway Minister

36 / 100

To ascertain the liability of a legal representative, the Court may compel him to:

A) Produce such accounts as it thinks fit

B) Surrender his passport

C) Take a polygraph

D) Sell his personal assets

37 / 100

A, intending to murder Z, instigates B, a lunatic, to give poison to Z. B takes the poison himself and dies.

A) None of the above.

B) A is guilty of abetment of murder (as he instigated the act with intent to kill).

C) A is not guilty as a lunatic cannot be an offender.

D) A is guilty of causing the death of a lunatic only.

38 / 100

Which property is left out of account when calculating the means of a judgment-debtor to pay a money decree?

A) Bank balances

B) Gold ornaments

C) Inherited property

D) Property exempt from attachment in execution

39 / 100

Under Section 17(1), if a person dies before a right to sue accrues, time is computed from when a capable rep exists. Does this apply if the defendant dies?

A) No, only the plaintiff

B) Only for debts

C) Yes, Section 17(2) provides the same rule

D) Only for contracts

40 / 100

A instigates B to murder C. B refuses to do so.

A) None of the above.

B) A is not guilty of abetting because B refused.

C) A is guilty of abetting B to murder C.

D) A is not guilty because C was not murdered.

41 / 100

Under Section 4(c), the Act does NOT affect the operation of which Act on documents?

A) The Penal Code

B) The Contract Act, 1872

C) The Registration Act, 1908

D) The Companies Act

42 / 100

But is A entitled to an injunction restraining B from serving a rival house as clerk during that period?

A) Yes

B) Only if A increases salary

C) Only if rival agrees

D) No

43 / 100

Section 19 Explanation I: Must an acknowledgment be addressed directly to the person entitled to the right?

A) It must be published publicly

B) It must be addressed to the court

C) No, it may be addressed to a person other than the person entitled

D) Yes, strictly

44 / 100

Implements of husbandry and cattle necessary for an agriculturist to earn his livelihood are:

A) Attachable

B) N/A

C) Cannot be determined

D) Exempt from attachment

45 / 100

What is the quorum for the Enrollment Committee?

A) 4 members

B) 3 members

C) 5 members

D) 2 members

46 / 100

A police officer requires prior written permission to order the production of a document in the custody of a:

A) School

B) Bank or banker

C) Post office

D) Hospital

47 / 100

Is "Specific Relief Act, 1877" applicable to "trustees" holding fiduciary character by implication?

A) Yes

B) Only if paid

C) Only if registered

D) No

48 / 100

Does "Compromise" under Section 89A include compromise in part of the disputes?

A) No

B) N/A

C) Yes

D) Cannot be determined

49 / 100

Section 124 of Evidence Act provides for privilege in respect of

A) none of the above

B) official communications

C) professional communications

D) communications as to information of commission of offence

50 / 100

Mediation under Section 89A means a process which is:

A) Rigid and binding

B) Public and adversarial

C) Strictly documented as evidence

D) Flexible, informal, non-binding, confidential, non-adversarial and consensual

51 / 100

Pending the orders of a District Magistrate or Court, who can require the Postal Department to search for and detain a document?

A) The complainant

B) Any police constable

C) A Police Commissioner or District Superintendent of Police

D) A defense attorney

52 / 100

Section 98 also allows for a house search for obscene objects referred to in which section of the Penal Code?

A) Section 144

B) Section 302

C) Section 292

D) Section 420

53 / 100

In the above scenario, can B obtain an injunction restraining A from singing elsewhere?

A) Yes

B) No

C) Only in the same city

D) Only if A refuses damages

54 / 100

A instigates B to murder C. B stabs C, but C recovers from the wound.

A) A is guilty of abetting B to commit murder.

B) A is not guilty of instigation.

C) None of the above.

D) A is guilty of abetting B to commit grievous hurt only.

55 / 100

A instigates a child B to put poison in Z's food. B by mistake puts it in Y's food, and Y dies.

A) A is guilty of attempt to murder Z only.

B) None of the above.

C) A is responsible for the death of Y in the same manner as if he had abetted Y's murder.

D) A is not responsible for Y's death.

56 / 100

Under Section 98, who can issue a warrant to search a house suspected of being used to deposit stolen property or forged documents?

A) A District Magistrate or a specially empowered Executive Magistrate

B) A Union Parishad Chairman

C) A Sessions Judge only

D) Any police officer

57 / 100

Which section applies to the proof of service for a summons sent for service outside Bangladesh?

A) Section 69

B) Section 74

C) Section 82

D) Section 90

58 / 100

In deciding whether the document falls in the category of ‘unpublished official record’ the court

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

B) the court is banned from inspecting the document

C) has the jurisdiction to inspect the documents itself

D) the court can compel the production of the document for inspection

59 / 100

An award of compensation under Section 95 is for the expense or injury caused to the:

A) Defendant

B) Plaintiff

C) State

D) Court

60 / 100

An order for compensatory costs under Section 35A exempts the person from criminal liability for the false claim.

A) Cannot be determined

B) N/A

C) True

D) False

61 / 100

If things searched for are found beyond the jurisdiction of the issuing Court, they are immediately taken to:

A) The complainant's house

B) The local police station's storage

C) The issuing Court, unless the local Magistrate is nearer

D) The High Court

62 / 100

Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to

A) questions which a witness cannot be compelled to answer

B) both (a) & (b)

C) questions which a witness cannot be permitted to answer

D) neither (a) nor (b)

63 / 100

A husband or wife are permitted to disclose any communication between them during marriage

A) in matrimonial proceedings between the parties

B) in criminal proceedings between the parties

C) in civil proceedings between the parties

D) all the above

64 / 100

The Court may authorize the Collector to provide satisfaction of a decree by a temporary alienation of land instead of public sale, if the Collector represents that the public sale is:

A) Too slow

B) Too expensive

C) Objectionable

D) Impossible

65 / 100

A instigates B to beat C with sticks. Suddenly, B pulls out a concealed spear and stabs C. A did not know B had a spear.

A) A is not liable for abetting the stabbing, because it was a distinct act not being a probable consequence of the instigation.

B) A is liable for abetting both beating and stabbing.

C) A is liable for abetting the stabbing.

D) None of the above.

66 / 100

Under Sec 14 Explanation I, in excluding the time of a former pending suit, is the day it ended counted in the excluded time?

A) No

B) Yes

C) Only if it was a working day

D) Court's discretion

67 / 100

Documents in respect of which privilege has been provided under section 123 of Evidence Act

A) either (a) or (b)

B) both (a) & (b)

C) is a published official record

D) is an unpublished official record

68 / 100

Protection under section 122 of Evidence Act is available to

A) a witness

B) either (a) or (b)

C) both (a) & (b)

D) husband & wife as a witness

69 / 100

Under Section 111 of the Penal Code:

A) None of the above.

B) If one instigates a crime, and the perpetrator commits another crime that is a probable consequence, the abettor is liable for the other crime too.

C) An abettor is never liable for a different crime.

D) The abettor must be physically present.

70 / 100

A suit regarding a public trust under Section 92 is filed in the principal Civil Court of:

A) Appellate jurisdiction

B) Original jurisdiction

C) Review jurisdiction

D) Revisional jurisdiction

71 / 100

The Government may exempt certain persons from civil arrest if their arrest might be attended with:

A) Media attention

B) Political instability

C) Financial ruin

D) Danger or inconvenience to the public

72 / 100

If an act abetted is committed, and no express provision is made by the Penal Code for the punishment of such abetment, the abettor is punished:

A) With half of the punishment.

B) With 1/4th of the punishment.

C) With the same punishment provided for the original offence.

D) With 1/3rd of the punishment provided for the offence.

73 / 100

Under Sec 15(1), if the execution of a decree is stayed by an injunction, is the day the injunction was withdrawn excluded?

A) Yes

B) No

C) Counted as half day

D) Depends on the judge

74 / 100

An expectancy of succession by survivorship is:

A) N/A

B) Attachable

C) Cannot be determined

D) Exempt from attachment

75 / 100

Which Magistrates can grant a warrant to search for a document in the custody of Postal or Telegraph authorities?

A) Any Judicial Magistrate

B) Only a District Magistrate, CJM, or CMM

C) Any Magistrate of the third class

D) Any Executive Magistrate

76 / 100

Does Section 18 allow computing time against an innocent purchaser who claims through a fraudster?

A) Only if the property is moveable

B) No, not if they claim in good faith and for a valuable consideration

C) Always

D) Yes

77 / 100

Under Sec 14 Explanation III, what is deemed to be a cause of a like nature with defect of jurisdiction?

A) Bankruptcy

B) Non-payment of fees

C) Forgery

D) Misjoinder of parties or of causes of action

78 / 100

A decree may be sent for execution to another Court if the decree directs the sale of immovable property situate:

A) Inside its own limits

B) Only in a foreign country

C) Within the High Court's original jurisdiction

D) Outside the local limits of the Court which passed it

79 / 100

Under Section 96(1), a Court may issue a search-warrant if it believes a person:

A) Will voluntarily produce the document

B) Is a repeat offender

C) Will not or would not produce the document as required by a summons

D) Is out of town

80 / 100

A document containing a communication from a husband to a wife or vice versa, in the hands of a third person

A) either (a) or (b)

B) is not admissible in evidence at all

C) is admissible in evidence

D) is not admissible in evidence until consented to by the writer of the communication

81 / 100

A woman asks a doctor to supply medicine to poison her husband. The doctor complies knowing her intent.

A) None of the above.

B) There is no abetment.

C) The doctor is bound by duty, so no offence.

D) The doctor abetted an offence by intentionally aiding.

82 / 100

Under Sec 14 Explanation I, is the day the former suit was instituted counted in the excluded time?

A) Only for civil suits

B) Yes

C) No

D) Only for commercial suits

83 / 100

What must an advocate pay to be included in the Bar Council voter list?

A) Annual fee and dues

B) Library fee

C) Enrollment fee

D) Benevolent fund fee

84 / 100

A in Bangladesh abets B, a foreigner in Pakistan, to commit a murder in Islamabad.

A) A is only guilty if the murder happens in Bangladesh.

B) A is not guilty of abetting B.

C) A is guilty of abetting B (Section 108A).

D) None of the above.

85 / 100

The abetment of an offence is an offence. Is the abetment of an abetment also an offence?

A) None of the above.

B) Only in cases of murder.

C) Yes, it is an offence.

D) No, the chain breaks.

86 / 100

A deposits books with B for safe custody. B loses them, and C finds them. B demands them but C refuses. Can B recover them from C?

A) No, A must recover

B) Yes, and C goes to jail

C) Yes, subject to C's right under section 168 of the Contract Act

D) No, B is not owner

87 / 100

If a person disobeys a temporary injunction, the Court may commit him to the civil prison and order that his property be:

A) Confiscated by the State

B) Attached and sold

C) Destroyed

D) Given to the plaintiff

88 / 100

To compel attendance of a witness, the Court may order him to furnish security for his appearance, and in default:

A) Fine him 5000 Taka

B) Confiscate his property

C) Commit him to the civil prison

D) Dismiss the suit

89 / 100

Abetment by aid requires:

A) None of the above.

B) Intentional aiding.

C) Unintentional aiding.

D) Passive aiding.

90 / 100

How many years of practice are required to practice in the Appellate Division of the Supreme Court?

A) 5 years

B) 10 years

C) 12 years

D) 7 years

91 / 100

Which law is applicable to the judicial proceedings of the Bar Council Tribunal?

A) CrPC

B) Evidence Act, 1872

C) Limitation Act

D) Specific Relief Act

92 / 100

Under Section 99A, who holds the power to declare every copy of a newspaper or book forfeited?

A) The Supreme Court

B) The District Magistrate

C) The Police Commissioner

D) The Government (by notification in the official Gazette)

93 / 100

Does Section 94 apply to documents or parcels in the custody of Postal or Telegraph authorities?

A) Only if a police officer demands it

B) No, nothing in this section applies to them

C) Yes, fully

D) Yes, but only for murder cases

94 / 100

Section 121 of Evidence Act provides for privilege in respect of

A) judges & magistrates

B) official communication

C) husband & wife

D) affairs of the state

95 / 100

A contracts to sing for twelve months at B's theatre and not to sing elsewhere. Can B obtain specific performance to make A sing?

A) Yes, with police

B) Only if A is paid double

C) No

D) Yes

96 / 100

Communication in respect of the affairs of the state are privileged communication on the grounds of public policy

A) under section 126 of Evidence Act

B) under section 125 of Evidence Act

C) under section 123 of Evidence Act

D) under section 124 of Evidence Act

97 / 100

For abetment to occur:

A) None of the above.

B) It is not necessary that the person abetted share the guilty intention, nor that the intended means are successful.

C) The means intended must successfully bring about the effect.

D) The person abetted must share the same guilty intention as the abettor.

98 / 100

Who can require Postal or Telegraph authorities to deliver a document/parcel needed for an investigation?

A) Any Executive Magistrate

B) District Magistrate, CJM, CMM, High Court, or Court of Session

C) A private investigator

D) An officer in charge of a police-station

99 / 100

A instigates B to give false evidence. B commits the offence.

A) A is liable to half the punishment of B.

B) A has abetted the offence and is liable to the same punishment as B.

C) A has abetted the offence but is not liable to punishment.

D) None of the above.

100 / 100

In cases other than those specified, investigating a bank account requires the prior permission of the:

A) Ministry of Finance

B) Supreme Court

C) District Magistrate

D) High Court Division

The average score is 0%

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Bar Council Full Model Test 14 English | 100 Marks 60 Min