Bar Council Full Model Test 16 English

Bar Council Full Model Test 16 (English)

Bangladesh Bar Council Preliminary Full Model Test 16

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

Can an advocate advertise themselves in media?

A) No, it violates etiquette

B) Yes

C) In law journals

D) With permission

2 / 100

What is the maximum period for a bond under Section 110?

A) 5 years

B) 1 year

C) 3 years

D) 2 years

3 / 100

Section 108 deals with security for good behaviour from persons disseminating:

A) Seditious matter

B) Smuggled items

C) Counterfeit coins

D) Stolen goods

4 / 100

To compel a witness's attendance, the Court may attach and sell his property under which Section?

A) Section 32

B) Section 34

C) Section 27

D) Section 30

5 / 100

Under Section 25, instruments are deemed made with reference to which calendar?

A) Bengali Calendar

B) Hijri Calendar

C) Julian Calendar

D) Gregorian Calendar

6 / 100

(Illustration) A bond has a Native date, payable in one year. The limitation runs from the expiration of one year computed according to:

A) The Native Calendar

B) The Gregorian Calendar

C) Both combined

D) The Court's calendar

7 / 100

Under Section 35(1), the costs of and incident to all suits shall be in the discretion of:

A) The Defendant

B) The Court

C) The Plaintiff

D) The Government

8 / 100

Section 162 of Cr PC

A) both (a) & (b)

B) controls section 156 of Evidence Act

C) controls section 157 of Evidence Act

D) neither (a) nor (b)

9 / 100

Under Section 109, a Magistrate can act if a person within his jurisdiction has no:

A) Permanent address

B) Employment letter

C) Valid passport

D) Ostensible means of subsistence

10 / 100

Section 24 deals with a suit for compensation for an act not actionable without:

A) Special damage (specific injury)

B) Physical assault

C) Intentional malice

D) A written complaint

11 / 100

A, B's banker, discloses for his own purpose the state of B's account. A is a trustee for B of the:

A) Penalty imposed

B) Benefit gained by him by means of such disclosure

C) Compensation paid to B

D) Entire bank balance

12 / 100

Under Section 11, Explanation V, if a relief claimed in the plaint is not expressly granted by the decree, it shall be deemed to have been:

A) Kept pending for future suits

B) Granted implicitly

C) Refused

D) Remanded

13 / 100

Specific relief given by ordering a party to do the very act which he is under an obligation to do is mentioned in:

A) Section 5(d)

B) Section 5(c)

C) Section 5(b)

D) Section 5(a)

14 / 100

Under Section 107, proceedings can be taken if:

A) Either the person or the place of apprehended breach is within jurisdiction

B) Only the place of apprehended breach is within jurisdiction

C) Both must always be within jurisdiction for any Magistrate

D) Only the person is within jurisdiction

15 / 100

In the above said question the remaining four persons:

A) Can be convicted under Sec. 302/32 PENAL CODE.

B) Can be convicted under Sec. 302 only.

C) Cannot be convicted under Sec. 302/32 PENAL CODE.

D) Cannot be convicted under Sec. 302/149 PENAL CODE.

16 / 100

Sec. 149 speaks of:

A) Common object.

B) Common intention.

C) None of the above.

D) Both (a) and (b).

17 / 100

Does the definition of "decree" under Section 2(2) include an order of dismissal for default?

A) Only if it is a preliminary decree

B) Yes, always

C) Yes, if the plaintiff agrees

D) No, it specifically excludes it

18 / 100

What is the maximum period for a bond under Section 107?

A) 3 years

B) 2 years

C) 1 year

D) 6 months

19 / 100

If a conviction is set aside on appeal, what happens to the bond executed under Section 106?

A) It is transferred to a civil court

B) It becomes void

C) It remains active

D) It is halved

20 / 100

Under Section 35A(2), does paying compensatory costs for a false claim exempt a person from criminal liability?

A) Only if the amount exceeds 50,000 Taka

B) Yes, if the Court specifically orders

C) Yes

D) No, he shall not be exempted

21 / 100

Summonses issued by a Civil or Revenue Court outside Bangladesh can be served in Bangladesh under Section 29 if:

A) The Supreme Court allows it

B) The defendant consents

C) The foreign court sends it through Interpol

D) The Government declares it applicable by notification

22 / 100

Disclosing a client's confidential information is considered—

A) Mandatory

B) Lawful

C) Professional misconduct

D) Ethically acceptable

23 / 100

Can an advocate communicate directly with the opposing party?

A) No, improper without counsel

B) Yes, with consent

C) Yes, to settle

D) To send notices

24 / 100

What is the maximum period for a bond under Section 108?

A) 1 year

B) 2 years

C) 3 years

D) 6 months

25 / 100

Section 26: To acquire an easement, the enjoyment must be without:

A) Permission

B) Payment

C) Knowledge

D) Interruption

26 / 100

If a suit is transferred from a Court of Small Causes, the Court trying the transferred suit shall be deemed to be a (Section 24(4)):

A) District Court

B) High Court Division

C) Revenue Court

D) Court of Small Causes

27 / 100

Section 109 provides for security for good behaviour from:

A) Tax evaders

B) Vagrants and suspected persons

C) Foreign diplomats

D) Traffic offenders

28 / 100

Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing

A) without proving the same and without showing the same to the witness

B) after proving the same & showing the same to the witness

C) after proving the same may be before showing the same to the witness

D) without proving the same but only after showing the same to the witness

29 / 100

The right to cross-examine on an answer to court question is available

A) only (a) and not (b)

B) to the adverse party only

C) to either of the parties if the answer is adverse to either of the parties

D) to the party calling the witness only

30 / 100

Which of the following is correct regarding membership in an unlawful assembly?

A) None of the above (b).

B) Mere presence in an assembly does not make a person a member of unlawful assembly.

C) Both (a) and (b).

D) It does not make unless it is shown that he had done something which will make him member of unlawful assembly.

31 / 100

Can proceedings be taken under Section 108 against the editor of a registered publication without government authority?

A) No, it requires the order or authority of the Government

B) Yes, at any time

C) Yes, if the District Magistrate orders it

D) No, editors have absolute immunity

32 / 100

Which of the following is NOT an essential of an unlawful assembly?

A) There must be more than five persons to constitute an unlawful assembly.

B) The object of the assembly must be to resist the execution of any law or of any legal process.

C) The object of the assembly must be to commit any mischief or criminal trespass or, other offence.

D) The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government.

33 / 100

How should fee disputes between an advocate and client be resolved?

A) Police complaint

B) By filing lawsuit

C) Tribunal complaint

D) Settlement avoiding lawsuit

34 / 100

Under Section 26, the 20-year period for an easement must end within how many years next before the institution of the suit?

A) One year

B) Five years

C) Three years

D) Two years

35 / 100

Under Section 24(3), Courts of Additional and Assistant Judges shall be deemed to be subordinate to the:

A) District Court

B) High Court Division

C) Supreme Court

D) Court of Small Causes

36 / 100

“In prosecution of common object”-- this phrase does mean:

A) None of the above.

B) During the prosecution of the common object of unlawful assembly.

C) Both (a) and (b).

D) The offence committed was immediately unlawful assembly.

37 / 100

If a suit involves a claim for compensation for wrong to an immovable property, it shall be instituted where (Section 16):

A) The contract was signed

B) The property is situate

C) The Government dictates

D) The plaintiff resides

38 / 100

Six persons were charged under Sec. 302/ 149 of the Penal Code -- two were acquitted, the remaining four cannot be convicted under:

A) None of the above.

B) Sec. 149.

C) Both (a) and (b).

D) Sec. 302.

39 / 100

Court question under section 165 of Evidence Act can be put to

A) any witness

B) neither (a) nor (b)

C) both (a) & (b)

D) any party

40 / 100

Can an Appellate Court make an order under Section 106?

A) No, never

B) Only if the police request it

C) Only in Metropolitan areas

D) Yes, and also the High Court Division in revision

41 / 100

Objections as to the admissibility of a document in evidence

A) can be made at the first opportunity when the document is tendered in evidence

B) can be made at any state during the trial

C) can be raised for the first time in appeal

D) all the above

42 / 100

Under Sec. 149 if any offence is done by any member of unlawful assembly in furtherance of common object:

A) Only that member is liable for that offence.

B) All the member of unlawful assembly only that member is liable for the offence who commit the offence.

C) All of them will be guilty of that offence.

D) None of the above.

43 / 100

Court questions can be put by virtue of

A) section 167 of Evidence Act

B) section 166 of Evidence Act

C) section 164 of Evidence Act

D) section 165 of Evidence Act

44 / 100

Under Section 107(3), if a Magistrate not empowered to act believes a breach of peace cannot be prevented otherwise, what can they do?

A) Confiscate their property

B) Issue a warrant of arrest and send the person to an empowered Magistrate

C) Fine the person

D) Sentence the person to 1 month in jail

45 / 100

An assembly is unlawful if--

A) One of these.

B) Both (a) and (b).

C) It consisted of five or person.

D) The common object of the persons composes that assembly is unlawful.

46 / 100

Which of the following is NOT a category under Section 110 (Habitual offenders)?

A) Habitual tax defaulter

B) A person so desperate and dangerous that being at large is hazardous

C) Habitual receiver of stolen property

D) Habitual robber or thief

47 / 100

A buys certain land with notice that B has already contracted to buy it. A is considered a:

A) Lawful owner

B) Lessee

C) Mortgagee

D) Trustee for B of the land so bought

48 / 100

Section 26 Explanation: An interruption requires actual discontinuance by reason of an obstruction by:

A) An act of nature

B) Animals

C) The claimant himself

D) An act of some person other than the claimant

49 / 100

A is the medical adviser of B. By availing himself of his situation, A gains a pecuniary advantage. A is considered a:

A) Partner of B

B) Creditor of B

C) Debtor of B

D) Trustee for B

50 / 100

If an application or written objection is NOT filed within the time fixed by the Court, the maximum cost for admitting it is (Section 35B):

A) 5,000 Taka

B) 3,000 Taka

C) 2,000 Taka

D) 1,000 Taka

51 / 100

A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under

A) section 141 of Evidence Act

B) section 140 of Evidence Act

C) section 143 of Evidence Act

D) section 142 of Evidence Act

52 / 100

If after filing a written statement, a party makes an application that delays the main proceeding, the Court may admit it upon payment of a cost not exceeding (Section 35B):

A) 2,000 Taka

B) 1,000 Taka

C) 3,000 Taka

D) 5,000 Taka

53 / 100

An application to transfer a suit under Section 22 must be made:

A) Only in the High Court

B) During the final arguments

C) After the judgment is pronounced

D) At the earliest possible opportunity and at or before settlement of issues

54 / 100

According to Section 20, Explanation I, if a person has a permanent dwelling at one place and a temporary residence at another, where is he deemed to reside for a cause of action arising at the temporary place?

A) Only at the temporary residence

B) None of the above

C) Only at the permanent dwelling

D) At both places

55 / 100

Sec. 149 has the following essentials:

A) Both (a) and (b).

B) Such offence must have been committed in prosecution of the common object of the assembly.

C) None of the above.

D) Commission of an offence by any member of an unlawful assembly.

56 / 100

Under Section 107, who can require a person to show cause why they should not execute a bond for keeping the peace?

A) A Police Inspector

B) A Judicial Magistrate

C) A District Magistrate or any other Executive Magistrate

D) A Sessions Judge

57 / 100

Specific relief given by preventing a party from doing that which he is under an obligation not to do is mentioned in:

A) Section 5(b)

B) Section 5(e)

C) Section 5(c)

D) Section 5(a)

58 / 100

Under Section 34, interest can be awarded by the Court from the date of the suit to the date of the decree. This is called:

A) Post-decree interest

B) Pendente lite interest

C) Pre-suit interest

D) Penal interest

59 / 100

A person a member of unlawful assembly was armed with deadly weapon while other’s were not.

A) The enhance punishment can be inflicted to all the members of assembly.

B) None of the above.

C) The enhanced punishment can be inflicted only on that particular member.

D) The enhanced punishment can be inflicted on all members if they knew that the member was equipped with deadly weapons.

60 / 100

Section 23: In the case of a continuing wrong independent of contract, when does the fresh period of limitation begin?

A) When the wrongdoer is caught

B) When the police report is filed

C) At every moment of the time during which the wrong continues

D) From the first wrong

61 / 100

Section 27 relates to exclusion in favour of the reversioner of a:

A) Public property

B) Servient tenement

C) Dominant tenement

D) Leasehold

62 / 100

What is the maximum period for a bond under Section 109?

A) 1 year

B) 6 months

C) 2 years

D) 3 years

63 / 100

Under Sec 3, if Z bequeaths land to A, "not doubting he will pay Taka 1,000 to B", A's position regarding B is:

A) Lessee

B) Landlord

C) Trustee for B to the extent of the annuity

D) Buyer

64 / 100

To apply Sec. 149 there must be at least:

A) None of the above.

B) Five persons.

C) Fifteen persons.

D) Ten persons.

65 / 100

Under section 41 of Evidence Act the presumption is with respect to

A) all the above

B) judgments in personam

C) judgment in rem whether such judgments are inter-partes or not

D) judgments in rem when they are inter-partes

66 / 100

Section 26 Explanation: Is an obstruction considered an interruption if it is submitted to or acquiesced in for 6 months?

A) Always

B) Yes

C) Depends on the damage

D) No, it must be submitted to for one year after notice

67 / 100

A foreign judgment obtained by a refusal to recognise the law of Bangladesh (in cases where such law is applicable) is (Section 13):

A) Binding as a precedent

B) Valid if approved by the High Court

C) Conclusive

D) Not conclusive

68 / 100

Section 110 deals with security for good behaviour from:

A) Minors

B) First-time offenders

C) Government servants

D) Habitual offenders

69 / 100

A buys land from B, having notice that C is in occupation. A omits to make any inquiry. A is a:

A) Guarantor

B) Trustee for C to the extent of that interest

C) Absolute owner

D) Trespasser

70 / 100

Under section 145 of Evidence Act; a witness may be cross-examined as to previous statement in writing

A) without proving the same but only after showing the same to the witness

B) without proving the same and without showing the same to the witness

C) only after proving the same, may be without showing the same to the witness

D) only after proving the same & showing the same to the witness

71 / 100

What is the maximum period for a bond to keep the peace on conviction under Section 106?

A) 5 years

B) 2 years

C) 1 year

D) 3 years

72 / 100

For being a member of unlawful assembly:

A) The person knows the common object of assembly.

B) Some avert act should be done by that person.

C) All of these.

D) The person is along with assembly.

73 / 100

Which Penal Code sections are specifically mentioned in Section 108 regarding seditious or offensive matter?

A) Sections 123A, 124A, and 153A

B) Sections 143 and 144

C) Sections 420 and 406

D) Sections 302 and 304

74 / 100

Which Explanation under Section 11 states that the competence of a Court shall be determined irrespective of any provisions as to a right of appeal?

A) Explanation II

B) Explanation III

C) Explanation I

D) Explanation IV

75 / 100

An assembly is unlawful if it consisted of five or more persons & the common object of that assembly is

A) To resist the excluding of law & other legal process.

B) It commit mischief, criminal trespass or any other offence.

C) To overawe by criminal force, force the Central Govt., State Govt. etc.

D) All of these.

76 / 100

Under Section 106, which court cannot order a bond for keeping the peace on conviction?

A) High Court Division

B) Court of Session

C) Magistrate of the first class

D) Magistrate of the third class

77 / 100

To an answer to a court question, the adverse party

A) has a right to cross-examination as a matter of right

B) either (a) or (c)

C) has no right to cross-examine the witness

D) has a right to cross-examine only with the permission of the court

78 / 100

According to Section 4, does the Act deprive any person of any right to relief, other than specific performance?

A) Yes, if oral

B) Yes, completely

C) Yes, if written

D) No, it does not

79 / 100

Which of the following is correct?

A) An assembly can become unlawful by subsequent acts of its members.

B) Itself acts of one or two members not acquiesced by others also change the character of assembly.

C) Both (a) and (b).

D) None of the above.

80 / 100

An assembly:

A) Can become unlawful unless it has been indicated to them by public authorities.

B) None of the above.

C) Can become unlawful for subsequent acts of its member.

D) Both (a) and (b).

81 / 100

Which of the following is correct?

A) It is only the use of force which distinguish rioting from on unlawful assembly.

B) A riot is an unlawful assembly in a particular state of activity.

C) None of the above.

D) Both (a) and (b).

82 / 100

Under Section 30, the Court may order the delivery and answering of:

A) Decrees

B) Precepts

C) Summons only

D) Interrogatories

83 / 100

Under the proviso to Section 16, if relief respecting immovable property can be entirely obtained through the defendant's personal obedience, the suit may be instituted where:

A) The property is situate

B) The cause of action wholly or partly arisen

C) The defendant actually and voluntarily resides or works for gain

D) All of the above

84 / 100

Leading questions can be asked during

A) examination in chief

B) re-examination

C) cross-examination

D) all the above

85 / 100

It is an lawful assembly Where five or more person assembly forming by force a right

A) Which they bona fide believe they do not possess.

B) All of these.

C) Which they supposed to be possessed.

D) Which they did not possess.

86 / 100

Can an advocate be a witness in their own case?

A) No, generally avoided

B) In civil cases

C) Yes, always

D) If no other witness

87 / 100

For Magistrates other than the District Magistrate, proceedings under Section 107 require that:

A) The police report is filed within 24 hours

B) Only the person is within jurisdiction

C) Both the person and the place of apprehended breach are within their jurisdiction

D) The High Court gives permission

88 / 100

When a Magistrate deems it necessary to require a person to show cause under Sections 107-110, he shall make an order in:

A) An oral announcement

B) A digital text message

C) The local newspaper

D) Writing

89 / 100

A co-defendant in a case

A) can be cross-examined by another co-defendant as a matter of right

B) cannot be cross-examined by another co-defendant under any circumstance

C) can be cross-examined by another co-defendant if their interests are identical

D) can be cross-examined by another co-defendant when their interests adverse to each other

90 / 100

To apply Sec. 149:

A) None of the above.

B) Active participation of each of the person is necessary.

C) Both (a) and (b).

D) A person should be a member of unlawful assembly.

91 / 100

A, the mortgagee of certain leaseholds, renews the lease in his own name. Under the Act, A is a:

A) Tenant at will

B) Trespasser

C) Absolute owner

D) Trustee of the renewed lease for those interested

92 / 100

Under Section 2(11), a person on whom the estate devolves on the death of the party suing or sued in a representative character is known as:

A) A decree-holder

B) A pleader

C) A legal representative

D) A public officer

93 / 100

Under Section 27, the life interest or term of years must exceed:

A) Ten years

B) Five years

C) One year

D) Three years

94 / 100

According to Section 2(2), which of the following is an essential element of a "decree"?

A) It must be passed only by the High Court

B) It must be a formal expression of an adjudication

C) It must be an administrative order

D) It must involve a criminal offense

95 / 100

Which of the following is correct regarding rioting?

A) Rioting is an unlawful assembly in a particular state of activity.

B) Both (a) and (b).

C) None of the above.

D) Rioting is different from the offence of unlawful assembly.

96 / 100

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

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

B) By means of criminal force or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.

C) To overawe by criminal force, or show of criminal force the parliament or the legislature of any state or the central or any State Government.

D) To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.

97 / 100

Court can permit leading questions during examination in chief or re-examination

A) if they refer to either (a) or (b) or (c)

B) if they refer to the matter which are sufficiently proved

C) if they refer to the matters which are undisputed

D) if they refer to the matters which are introductory

98 / 100

During examination in chief or re-examination

A) leading questions on certain matters can be asked without the permission of the court, as a matter of right

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

C) leading question on certain matter can be asked only with the permission of the court

D) leading questions cannot be asked under any circumstances

99 / 100

A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided

A) under section 153 of Evidence Act

B) under section 154 of Evidence Act

C) under section 155 of Evidence Act

D) under section 152 of Evidence Act

100 / 100

A, one of several partners, buys goods for himself when price is lower, and supplies them to the firm at market price. A is a:

A) Legal owner of the profit

B) Sole proprietor

C) Trustee for his co-partners of the profit so made

D) Smart businessman

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Bar Council Full Model Test 16 English | 100 Marks 60 Min