Bar Council Full Model Test 15 English

Bar Council Full Model Test 15 (English)

Bangladesh Bar Council Preliminary Full Model Test 15

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

If a wrongfully confined person is found after a search, what must happen next?

A) They are taken to a hospital

B) They are immediately taken before a Magistrate

C) They are put in a police cell for safety

D) They are sent home immediately

2 / 100

The jurisdiction to decree specific performance is:

A) Absolute

B) Mandatory

C) Discretionary

D) Arbitrary

3 / 100

If a person in a searched place is reasonably suspected of concealing a searched article about his person, what can be done?

A) They can be ignored

B) They can be searched

C) They must be let go

D) They can be arrested immediately

4 / 100

Who frames the rules to regulate the procedure in the case of applications to set aside forfeiture?

A) The Supreme Court

B) The Ministry of Law

C) The Government

D) The Parliament

5 / 100

During re-examination of a witness

A) a new matter can be introduced as a matter of right generally

B) no new matter can be introduced at all

C) either (a) or (c)

D) a new matter can be introduced only with the permission of the court

6 / 100

According to the Explanation in Section 20, "Debt" includes money payable under a:

A) Decree or order of Court

B) Void contract

C) Verbal agreement only

D) Moral obligation

7 / 100

Which is punishable as sedition?

A) Inducing people to cease to obey law and lawful authority

B) Bitter criticism of the government to overthrow it

C) None of the above

D) A publicist attack on policies of the government

8 / 100

Under Section 20, payment of interest on a legacy must be made:

A) At the time of filing the suit

B) Exactly on the due date

C) After the limitation period ends

D) Before the expiration of the prescribed period

9 / 100

Which of the following is correct regarding Section 149?

A) Sec. 149 does not create any specific offence.

B) Sec. 149 is only a rule of evidence.

C) Sec. 149 does create specific offence.

D) None of the above.

10 / 100

Can a person apply for a review of a decree from which an appeal is allowed, but no appeal has been preferred?

A) No

B) N/A

C) Yes

D) Cannot be determined

11 / 100

A person who refuses to attend and witness a search without reasonable cause commits an offence under which section of the Penal Code?

A) Section 144

B) Section 420

C) Section 302

D) Section 187

12 / 100

The Supreme Court may make rules regulating the procedure of Civil Courts subject to its:

A) Funding

B) Superintendence

C) Bench formation

D) Location

13 / 100

Section 149 of the Penal Code is:

A) A rule of evidence

B) Creates a distinct offence

C) Declaratory provision

D) None.

14 / 100

A publication can be forfeited under Section 99A if it defames the:

A) Inspector General of Police

B) District Magistrate

C) President, Prime Minister, Speaker, or Chief Justice

D) Local MP

15 / 100

The protection under section 126 of Evidence Act extends to

A) any fact observed showing the communication of any offence or fraud committed since commencement of employment

B) both (a) & (b)

C) neither (a) nor (b)

D) communication made in furtherance of any illegal design

16 / 100

A contract made by trustees either in excess of their powers or in breach of their trust:

A) Can be enforced by beneficiaries only

B) Cannot be specifically enforced

C) Is valid if registered

D) Can be specifically enforced

17 / 100

A contracts to buy, and B agrees to sell, a picture by a dead painter. Can A compel B specifically to perform this contract?

A) Yes, but only half price

B) Yes, no standard for ascertaining actual damage

C) No, it's just a picture

D) No, dead painters' works cannot be sold

18 / 100

Who determines the fee for the advocate enrollment exam?

A) Bangladesh Bar Council

B) Supreme Court

C) UGC

D) Ministry of Law

19 / 100

The essence of the offence of Sedition (Section 124A) is:

A) The financial benefit of the accused.

B) None of the above.

C) The intention to bring into hatred or contempt, or excite disaffection towards the Government.

D) The actual physical harm caused to government property.

20 / 100

A publication can also be forfeited if it incites any person to commit a:

A) Traffic offence

B) Cognizable offence

C) Bailable offence

D) Non-cognizable offence

21 / 100

Can an advocate purchase property related to their client's litigation?

A) Yes, with consent

B) In auctions

C) No, it is misconduct

D) Yes, fairly

22 / 100

Rules made and approved shall be published in the:

A) Official Gazette

B) Supreme Court website

C) National daily newspapers

D) Local bulletins

23 / 100

An appeal lies to the Appellate Division from any judgment, decree or final order passed by the High Court Division in the exercise of its:

A) Discretionary jurisdiction

B) Small causes jurisdiction

C) Original civil jurisdiction

D) Revisional jurisdiction only

24 / 100

Section 159 of the Penal Code is attracted:

A) None.

B) When there is exchange of abuses without exchange of blows.

C) When there is exchange of abuses only

D) When there is exchange of abuses with exchange of blows.

25 / 100

Section 19 Explanation III: An application for the execution of a decree or order is considered an application in respect of a:

A) Privilege

B) Contract

C) Right

D) Liability

26 / 100

Can the occupant of the place being searched attend during the search?

A) Only if they are not suspects

B) Yes, in every instance, and a copy of the list of seized items shall be delivered to them

C) Only if accompanied by a lawyer

D) No, they must wait outside

27 / 100

Under Section 105, can a Magistrate direct a search to be made in his presence?

A) Only in Metropolitan Areas

B) Only if he is an Executive Magistrate

C) No, Magistrates cannot participate in searches

D) Yes, if he is competent to issue a search-warrant for that place

28 / 100

Which one of the following is an essential ingredient of sedition?

A) Dishonest intention

B) Words spoken must be capable of exciting disaffection towards the Government.

C) Malafide intention

D) Words spoken must cause public disorder by acts of violence

29 / 100

The Court may enlarge any period fixed or granted by the Court for doing an act. This power is:

A) Statutory under Section 148

B) Inherent

C) Only valid for 30 days

D) Unconstitutional

30 / 100

Section 20 requires the acknowledgment of payment to be in handwriting or signed. What is the exception to this rule?

A) Payments made by the government

B) Payments under 100 Taka

C) Payment of interest made before the 1st day of January, 1928

D) Payment of principal before 1950

31 / 100

A contracts to render personal service to B. B cannot enforce specific performance because:

A) It is continuous

B) It is illegal

C) It involves numerous details

D) It is dependent on personal qualifications

32 / 100

Can an advocate try to privately influence a judge?

A) In bail hearings

B) Yes, if familiar

C) No, it is misconduct

D) Yes, for client

33 / 100

An appeal lies from an order under Section 95 (compensatory costs for false grounds).

A) True

B) N/A

C) False

D) Cannot be determined

34 / 100

Under Section 100, if a person is believed to be wrongfully confined, who may issue a search-warrant?

A) A Metropolitan Magistrate, 1st class Magistrate, or Executive Magistrate

B) Only a High Court Judge

C) Any police officer

D) The local UP Chairman

35 / 100

Testimony of an accomplice before it is accepted & acted upon

A) need not be corroborated at all

B) either (a) or (c)

C) must be corroborated from the testimony of another accomplice

D) must be corroborated from an independent source

36 / 100

Legal advisor

A) can disclose the communication after the relation with his client has ended

B) cannot disclose the communication even when the relation is ended or the client has died

C) can disclose the communication after his client’s death

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

37 / 100

Section 119 prevents unauthorized persons from addressing the High Court Division in the exercise of its:

A) Appellate jurisdiction

B) Revisional jurisdiction

C) Constitutional jurisdiction

D) Original civil jurisdiction

38 / 100

Under Section 21(1), can an agent duly authorized by a manager sign an acknowledgment for a disabled person?

A) Yes

B) Only a relative can do it

C) Only a lawyer can do it

D) No, only the manager himself

39 / 100

Section 21(3)(a): An acknowledgment by a Hindu widow binds whom?

A) No one

B) The Government

C) Her children only

D) A reversioner succeeding to such liability

40 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it claims a set-off?

A) No

B) Only if the set-off is larger

C) Only if the set-off is smaller

D) Yes

41 / 100

Under Section 99E, what may be given in evidence to prove the nature or tendency of words in a forfeited newspaper?

A) Any copy of such newspaper

B) Oral testimony of the author

C) The printing press machinery

D) Financial records of the publisher

42 / 100

Where an appeal is heard by a Bench of two Judges and there is no majority reversing the decree, the decree shall be:

A) Sent to the Supreme Court

B) Remanded

C) Reversed

D) Confirmed

43 / 100

Assertion (A): When murder is committed by a member of an unlawful assembly in prosecution of common object of the assembly, all those who are members of that assembly at that time are liable for the murder. Reason (R): Members of an unlawful assembly are liable only if they participate in the commission of the murder.

A) A is true but R is false

B) A is false but R is true.

C) Both A and R are true and R is the correct explanation of A

D) Both A and R are true and R is NOT a correct explanation of A

44 / 100

If there is a difference of opinion among the Judges of the Special Bench regarding a forfeiture, the decision follows:

A) The Chief Justice's opinion

B) The opinion of the senior-most Judge

C) A retrial is ordered

D) The opinion of the majority

45 / 100

An accomplice is a person

A) who is an informer

B) who participates in the commission of the crime for which the accused has been charged

C) all the above

D) who is a pretended confederate

46 / 100

Re-examination of a witness

A) both (a) & (b)

B) either (a) or (b)

C) shall be by the party calling the witness

D) shall be by the adverse party

47 / 100

Are the inhabitants who witness a search required to attend the Court as witnesses?

A) Yes, but only for murder cases

B) No, unless specially summoned by it

C) No, they are legally exempt from court

D) Yes, in all cases

48 / 100

Generally, no appeal lies from any order made by a Court in the exercise of its original or appellate jurisdiction, save as otherwise expressly provided.

A) True

B) False

C) Cannot be determined

D) N/A

49 / 100

Can a Magistrate administer an oath to a deponent for an affidavit under the CPC (English)?

A) Yes

B) N/A

C) No

D) Cannot be determined

50 / 100

For protection under section 124 of Evidence Act, the communication is to be made

A) either (a) or (b) or (c)

B) to a public officer in official confidence

C) to a public officer as an ordinary cause of his duties

D) to a public officer as a routine matter

51 / 100

If the person to be searched under Section 102(3) is a woman, the directions of which section must be observed?

A) Section 46

B) Section 74

C) Section 52

D) Section 100

52 / 100

Fight under Section 159 of the Penal Code signifies:

A) None of the above.

B) Two parties one of which is passive

C) Two parties both of which are passive

D) Two opposite parties actively involved

53 / 100

Which statement about "Common object" within the meaning of Section 149 is incorrect?

A) Offence committed may be such as the members of the unlawful assembly knew to be likely to be committed in prosecution of the common object of the assembly.

B) Offence must have been committed by such member in prosecution of the common object of the unlawful assembly.

C) Offence committed by any member of an lawful assembly.

D) No person can be punished only by virtue of his membership of the unlawful assembly, some act or participation in crime in some form by him is necessary

54 / 100

A contract the performance of which involves a continuous duty extending over a longer period than what time cannot be specifically enforced?

A) Three years

B) One year

C) Five years

D) Two years

55 / 100

Explanation to Section 12 states that the Court shall presume breach of contract to transfer immoveable property:

A) Can be relieved by compensation

B) Is always void

C) Cannot be adequately relieved by compensation in money

D) Is always criminal

56 / 100

Examination-in-chief of a witness

A) shall be by the adverse party

B) either (a) or (b)

C) both (a) & (b)

D) shall be by the party calling the witness

57 / 100

Question as to admissibility of evidence

A) should be reserved until judgment

B) either (b) or (c)

C) should be decided as they arise

D) may be decided as they arise or may be reserved until judgment

58 / 100

A party, pleader, or witness acting in obedience to a summons is exempt from civil arrest while attending a tribunal. Does this apply if the arrest is for contempt of Court by that same tribunal?

A) N/A

B) Yes

C) Cannot be determined

D) No

59 / 100

A contracts with B to paint a picture for 1,000 Taka. The picture is painted. Is B entitled to have it delivered to him on payment?

A) Only if A wants to deliver

B) No

C) Only if it's a good painting

D) Yes

60 / 100

An accomplice is a competent witness

A) under section 133 of Evidence Act

B) under section 119 of Evidence Act

C) under section 132 of Evidence Act

D) under section 118 of Evidence Act

61 / 100

Which is correct regarding Section 124A (Sedition)?

A) Amount and intensity of disaffection is not relevant for dealing with question of punishment.

B) Amount and intensity of disaffection is immaterial under Section 124-A except in dealing with the question of punishment.

C) All of the above.

D) Amount and intensity of disaffection is material Under Section 124-A.

62 / 100

The professional privilege under section 126 of Evidence Act is available in respect of communication made

A) both (a) & (b)

B) neither (a) nor (b)

C) for the purposes of professional employment

D) the cause of employment

63 / 100

Under Section 115(1), the High Court Division may revise an order passed by a Court of District Judge from which:

A) No appeal lies

B) N/A

C) An appeal lies

D) Cannot be determined

64 / 100

According to Section 22, the discretion of the Court is NOT arbitrary but:

A) Based on personal opinion

B) Sound and reasonable, guided by judicial principles

C) Dependent on plaintiff's wealth

D) Random

65 / 100

Before making a search under Chapter VII, the officer must call upon whom to attend and witness the search?

A) Any passing strangers

B) The complainant's family

C) Two or more respectable inhabitants of the locality

D) Other police officers

66 / 100

Maintaining a respectful attitude towards courts is what type of duty for an advocate?

A) Duty to Court

B) Duty to Colleagues

C) Duty to State

D) Duty to Client

67 / 100

Under Section 102(1), who is bound to allow free ingress for a search when a warrant is produced?

A) The local police

B) The landlord, even if absent

C) The neighbors

D) The person residing in or in charge of the closed place

68 / 100

A instigates a 6-year-old child to put poison in C's food. The child mistakenly puts it in D's food. D dies.

A) A will not be liable because he never abetted D's murder.

B) A will be liable for the abetment of murder of D.

C) A will not be liable because he lacked intention to kill D.

D) A will not be liable because a child cannot commit an offence.

69 / 100

Re-examination of a witness can be done

A) after examination in chief and after cross-examination

B) neither (a) nor (b)

C) either (a) or (b)

D) after examination in chief but before cross-examination

70 / 100

The Rule Committee shall consist of two advocates practicing in the Supreme Court.

A) True

B) N/A

C) False

D) Cannot be determined

71 / 100

Cross-examination of a witness

A) may not relate to relevant facts but must relate to what the witness testified in examination in chief

B) must relate to relevant facts but need not be confined to what the witness testified in examination in chief

C) must relate to relevant facts and has to be confined to what the witness testified in examination in chief

D) may not relate to relevant facts & may not be confined to what the witness testified in examination in chief

72 / 100

A person is said to instigate the doing of a thing by:

A) Remaining completely silent without any legal duty to speak.

B) Merely giving a neutral opinion.

C) Willful misrepresentation or willful concealment of a material fact which he is bound to disclose.

D) None of the above.

73 / 100

Section 21(d) states that a contract cannot be specifically enforced if it is in its nature:

A) Registered

B) Written

C) Irrevocable

D) Revocable

74 / 100

Which is an essential ingredient of sedition?

A) Words spoken must cause public disorder by acts of violence

B) Dishonest intention

C) Mala fide intention

D) Words spoken must be capable of exciting disaffection towards the Government

75 / 100

The essential of sedition is:

A) Result

B) Benefits or gains of the accused

C) Both intention and result.

D) Intention

76 / 100

Which Court has the jurisdiction to hear an application to set aside a forfeiture order?

A) High Court Division

B) Court of Session

C) Appellate Division

D) District Court

77 / 100

For Application of Section 149 of the Penal Code:

A) The offence must have been committed in prosecution of the common object

B) The offender must be a member of unlawful assembly

C) Both (a) and (b)

D) None.

78 / 100

How many rules are there in Chapter 1 of the Canons of Professional Conduct?

A) 11

B) 5

C) 9

D) 7

79 / 100

The procedure for suits in CPC (English) is followed as far as it can be made applicable to all proceedings in any Court of:

A) Revenue jurisdiction

B) Military jurisdiction

C) Civil jurisdiction

D) Criminal jurisdiction

80 / 100

Re-examination of a witness

A) all the above

B) can be for the purposes of explaining the matters referred to in the examination in chief

C) can be for the purposes of explaining the matters referred to in cross-examination

D) can be for the purposes of filling what is left-over in examination in chief

81 / 100

After re-examination of a witness, the adverse party has a

A) right to further cross-examine the witness only when a new matter is introduced in the re-examination

B) has no right to further cross examine the witness

C) either (a) or (b)

D) right to further cross-examine the witness afresh in general

82 / 100

The purpose of restitution under Section 144 is to place the parties in the position which they would have occupied but for the:

A) Delay

B) Defendant's fraud

C) Court's mistake

D) Decree or part thereof as has been varied or reversed

83 / 100

A person having an interest in a forfeited publication may apply to set aside the order within:

A) 1 month

B) 2 months

C) 6 months

D) 1 year

84 / 100

An appeal lies from an order imposing a fine or directing arrest, EXCEPT where the arrest is in execution of a decree.

A) False

B) Cannot be determined

C) True

D) N/A

85 / 100

Does the CPC (English) affect any right of appeal which had accrued to any party at its commencement (Section 154)?

A) N/A

B) Cannot be determined

C) No, it saves them

D) Yes, it cancels them

86 / 100

Section 22(2): Does the rule of new limitation starting upon substitution apply when a plaintiff is made a defendant?

A) Yes

B) Only in property disputes

C) Only in tort claims

D) No, Section 22(1) does not apply to this case

87 / 100

For an affray under Section 159 of the Penal Code, the minimum number of persons required is:

A) Two

B) Four

C) Five

D) None.

88 / 100

Every application to set aside a forfeiture order shall be heard by a Special Bench composed of how many Judges?

A) Five

B) Three

C) Seven

D) Two

89 / 100

For an unlawful assembly under Section 141 of the Penal Code, the minimum number of persons required is:

A) None.

B) Five

C) Seven

D) Ten

90 / 100

Section 151 limits the inherent power of the Court.

A) Cannot be determined

B) N/A

C) False

D) True

91 / 100

The title to plot no. 125 Motijheel, Dhaka had vested in the adopted son B, but the estate was managed for him by three ladies X, Y and Z, who appointed a manager who created a riot apparently to promote his own ends. In this case, under Section 154 of The Penal Code, 1860:

A) Neither B nor the three ladies but the manager only is liable for the offence.

B) B is not liable but the manager is liable because he was responsible for managing the estate on behalf of B.

C) X, Y, Z the three ladies were liable under section 154 PENAL CODE because the estate was managed by them and they had appointed the manager.

D) B is liable under section 154, PENAL CODE., because he was the owner of the land.

92 / 100

Can a forfeiture order passed under Section 99A be called into question in a regular civil suit?

A) Yes, if property damage is claimed

B) Yes, at any time

C) Only if the Government allows it

D) No, jurisdiction is barred otherwise than under Section 99B

93 / 100

Does the Rule Committee include a Judge of a Civil Court subordinate to the High Court Division?

A) N/A

B) Yes

C) No

D) Cannot be determined

94 / 100

To search for a forfeited publication, a Magistrate may authorize a police-officer not below the rank of:

A) Constable

B) Assistant Sub-Inspector

C) Sub-Inspector

D) Superintendent

95 / 100

Under Section 20(2), what constitutes "payment" for mortgaged land in possession of the mortgagee?

A) Paying the local taxes

B) Sending a notice

C) Filing a tax return

D) Receipt of the rent or produce of such land

96 / 100

Section 16 refers to the specific performance of:

A) Independent parts of a contract

B) Illegal parts of a contract

C) Void parts of a contract

D) Dependent parts of a contract

97 / 100

Section 21(2): If one of several joint mortgagees signs a written acknowledgment, does it charge the other mortgagees?

A) No, not by reason only of that signature

B) Yes, if they hold equal shares

C) Yes, jointly and severally

D) Only if they are a married couple

98 / 100

Sedition is committed by:

A) Exhortation to join a particular party

B) Expressing disapprobation of the administrative action of the government without exciting or attempting to excite hatred

C) Reciting seditious poem in a public meeting.

D) Exhortation to the people not to pay governmental revenues

99 / 100

An unlawful assembly is an assembly of five or more persons if the common object of the persons composing that assembly is NOT:

A) To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the legislature of any State, or any public servant in the exercise of the lawful power of such public servant.

B) To commit any mischief or criminal trespass, or other offences.

C) To resist the execution of any law, or of any legal process.

D) By means of criminal force, or show of criminal force to compel any person to do what he is legally found to do or to omit to do what he is not legally entitled to do.

100 / 100

Where an appeal from an order is allowed, it shall lie to the Court to which an appeal would lie from the:

A) Decree in the suit in which such order was made

B) High Court Division only

C) District Judge only

D) Original plaint

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Bar Council Full Model Test 15 English | 100 Marks 60 Min