Bar Council Full Model Test 17 English

Bar Council Full Model Test 17 (English)

Bangladesh Bar Council Preliminary Full Model Test 17

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

A judgment-debtor released from civil prison due to illness may be re-arrested, but his total detention period shall not exceed (Section 59):

A) 1 year

B) 30 days

C) The period prescribed by Section 58 (six months/six weeks)

D) 3 years

2 / 100

Does Section 9 bar any person from suing to establish his title to such property?

A) Yes, if government involved

B) No, nothing in this section shall bar such suit

C) Yes

D) Yes, if 6 months passed

3 / 100

Is a "right to future maintenance" attachable under Section 60?

A) Yes

B) Only for commercial debts

C) No

D) Only by court order

4 / 100

Where there are three different dying declarations, Higher Court is

A) to uphold the conviction awarded by lower court

B) to go through the circumstantial evidence to uphold the conviction awarded by lower court

C) not to uphold the conviction awarded by lower court

D) to rely upon the versions of witnesses to uphold the conviction awarded by lower court

5 / 100

Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because

A) contempt of courts does not require enquiry and the investigation

B) contempt matters are governed by special Acts

C) contempt proceedings are tried in higher judiciary

D) of summary nature of inquiry

6 / 100

Under Section 118, a person cannot be ordered to give security of an amount larger than:

A) 100,000 Taka

B) What the police recommend

C) His annual income

D) What is specified in the order made under Section 112

7 / 100

Upon the appearance of the person, the Magistrate shall proceed to (Section 117):

A) Issue a final warning

B) Inquire into the truth of the information

C) Confiscate their passport

D) Sentence them immediately

8 / 100

Which of the following is correct regarding Section 149?

A) None of the above.

B) So 149 does not create specific distinct offence.

C) So 149 is merely a rule of evident.

D) So 149 does creates specific distinct offence.

9 / 100

Poaching another advocate's client is what type of offense?

A) Civil offense

B) Professional misconduct

C) Criminal offense

D) Not an offense

10 / 100

The Section 149 has the following essentials:

A) There must be commission of an offence by all members of assembly.

B) Both (a) and (b).

C) None of the above.

D) Such offence must have been committed in prosecution of the common object of Assembly.

11 / 100

Several Hindu acting in convinance , forcibly removed an ox & two cows from the possession of Mahomeden for the purpose of preventing the killing of cows

A) It is theft not rioting.

B) They are guilty of rioting.

C) It is robbery not rioting

D) They are guilty of rioting as their object was lawful.

12 / 100

How is an inquiry regarding security for keeping the peace conducted?

A) As a civil suit

B) As a warrant-case

C) As a summary trial

D) As a summons-case

13 / 100

Under Section 61, who has the power to declare a portion of agricultural produce exempt from attachment for the support of the agriculturist's family?

A) The Collector

B) The District Judge

C) The Supreme Court

D) The Government

14 / 100

Under the proviso to Section 114, a Magistrate may issue an immediate warrant of arrest if:

A) The person is wealthy

B) The person has a criminal record

C) There is reason to fear a breach of the peace that cannot be prevented otherwise

D) The offence is bailable

15 / 100

If a person is sentenced to imprisonment when an order for security is made, when does the period for security commence?

A) Immediately

B) After one month

C) After the appeal period

D) On the expiration of such sentence

16 / 100

Section 29(4) states that Sections 26 and 27 do not apply to cases arising in territories to which which Act extends?

A) The Registration Act

B) The Easements Act, 1882

C) The Property Act

D) The Forest Act

17 / 100

The footnote specifies that the words "or local" were omitted from Section 29 by which Act?

A) Act No. XVII of 1914

B) Act No. VIII of 1930

C) The Constitution

D) Act No. VIII of 1973

18 / 100

Which of the following statements is incorrect?

A) If the common object of assembly is lawful, the use of violence will turn it in riot.

B) Both (a) and (b).

C) If the common object is unlawful the assembly will be rioting assembly even if it did not use violence.

D) None of the above.

19 / 100

What type of relief is granted under Section 5(c)?

A) Declaratory

B) Compensatory

C) Preventive

D) Restitutory

20 / 100

Can a Magistrate refuse or reject a surety?

A) No, any citizen can be a surety

B) Only with High Court permission

C) Yes, if he finds the surety is an unfit person for the purposes of the bond

D) Only if the surety is poor

21 / 100

Where must an advocate cast their vote in Bar Council elections?

A) Dhaka only

B) Permanent address

C) Their respective Bar Association

D) Any center

22 / 100

"Relationship is not a factor to affect credibility of a witness" held by the Supreme Court in

A) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716

B) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056

C) Minu Kumari v. State of Bihar, AIR 2006 SC 150

D) Syed Ibrahim v. State of Andhra Pradesh, AIR 2004 SC 2596

23 / 100

Section 11(c) allows compelled delivery when it would be extremely difficult to ascertain the actual damage caused by its:

A) Use

B) Repair

C) Sale

D) Loss

24 / 100

Where a compact body of persons armed with clubs headed by a man carrying a gun endeavored to take forcible possession of land one of the opponent was shot dead by their head:

A) All of them are guilty of murder.

B) All of them are guilty of being a member of unlawful assembly.

C) Head person is only guilty or murder.

D) Head is guilty of murder while others of being a member of unlawful assembly.

25 / 100

The salary of a servant of the Republic is exempt from attachment up to (Section 60):

A) The first hundred Taka and one-half the remainder

B) The first 500 Taka

C) Only the provident fund

D) The entire amount

26 / 100

Which confession needs a closer scrutiny

A) when confessional statement found voluntary and free from pressure

B) confession made to private citizens

C) confession made to officers under NDPS Act

D) confession made to officials who do not have investigation powers under NDPS Act

27 / 100

What happens if a Court fails to execute a transferred decree (Section 41)?

A) It arrests the judgment-debtor

B) It certifies the circumstances attending such failure to the Court which passed it

C) It dismisses the decree

D) It transfers it to the High Court

28 / 100

An accused can be convicted on the basis of his extra judicial confession only if it is made before

A) a police officer

B) a credible person

C) a Magistrate

D) none of these

29 / 100

Every summons or warrant issued under Section 114 must be accompanied by:

A) A copy of the order made under Section 112

B) A medical certificate

C) A list of police officers

D) A copy of the FIR

30 / 100

Which section deals with "Precepts"?

A) Section 42

B) Section 48

C) Section 46

D) Section 39

31 / 100

Some persons (more than five) killed a person but only three could be arrested:

A) They can be convicted under sec. 302/34.

B) They can be convicted under sec. 302 only.

C) They can be convicted under sec. 302/149.

D) They cannot be convicted under sec. 302/149.

32 / 100

Zahira Sheikh was prime witness in

A) Gujjar killings case (2003)

B) Best Bakery case (2004)

C) Best Bakery retrial case (2006)

D) Sukh Ram disproportionate assets case (2005)

33 / 100

What happens to an advocate's certificate if they take full-time employment?

A) Cancelled

B) Partially valid

C) Remains valid

D) Suspended

34 / 100

Under Section 29(2)(a), which specific provisions apply to special laws unless expressly excluded?

A) Sections 1 to 5 only

B) Sections 4, 9 to 18, and 22

C) Only Part IV

D) All sections

35 / 100

When a member of an unlawful assembly is to be constructively found guilty of an offence, he must commit same offence of which the principle is convicted and not some other offence this statement is:

A) Can’t say.

B) Correct.

C) Partially correct.

D) Incorrect.

36 / 100

The following are the essentials of the offence of rioting:

A) That they were animated by a common object.

B) That the accused persons being five as more.

C) All of these.

D) That the force or violence was used by the unlawful assembly.

37 / 100

Under Section 11, any person having the possession of a moveable property, not the owner, must deliver it to:

A) The person entitled to its immediate possession

B) The original manufacturer

C) The police

D) The government

38 / 100

If the person is not present in Court, what does the Magistrate issue under Section 114?

A) A proclamation of absconding

B) A fine receipt

C) An attachment order

D) A summons or warrant

39 / 100

If a decree for the payment of money is executed against a legal representative, and he fails to prove he properly applied the deceased's assets, the decree may be executed against (Section 52):

A) The Government

B) The original decree-holder

C) His friends

D) The legal representative personally

40 / 100

A warehouse-keeper (A) is charged with the delivery of goods to Z. B takes them out of A's possession. Can A sue B?

A) No, only Z can

B) No, A must pay Z

C) Yes, for half value

D) Yes

41 / 100

Section 9 applies when a person is dispossessed of immoveable property:

A) Without his consent otherwise than in due course of law

B) By a court order

C) With his consent

D) By due course of law

42 / 100

Section 56 specifically prohibits the arrest or detention in civil prison of:

A) Minors

B) Government officers

C) An old, infirm, pregnant or breast-feeding woman

D) Any woman

43 / 100

A legal representative's liability under Section 50 is limited to:

A) The property of the deceased which has come to his hands and has not been duly disposed of

B) Only the immovable property of the deceased

C) His own personal property

D) The total amount of the decree regardless of inherited assets

44 / 100

Some peoples collected outside the police station to protest over police inaction in connection with the murder of child. They were charged as committing criminal trespass.

A) None of the above.

B) They cannot be held liable as such persons do not form unlawful assembly.

C) They cannot be held liable as to protest is a fundamental right.

D) They can be held liable for criminal trespass.

45 / 100

The bond executed under this chapter binds the person to:

A) Remain in the country

B) Pay taxes

C) Keep the peace or be of good behaviour

D) Report to the police daily

46 / 100

Which of the following is correct?

A) It is not possible to convict three out five constructively.

B) For sc. 149 there must be at least five person.

C) None of the above.

D) Both (a) and (b).

47 / 100

Under Section 117(3), pending the completion of the inquiry, the Magistrate may direct the person to execute:

A) An interim bond for keeping the peace/good behaviour

B) A confession

C) A will

D) A transfer of property

48 / 100

If it is not proved that it is necessary for the person to execute a bond, the Magistrate shall (Section 119):

A) Fine him

B) Still demand a bond

C) Discharge or release him

D) Keep him under surveillance

49 / 100

If a decree is for an amount NOT exceeding fifty Taka, the maximum detention period is (Section 58):

A) Three months

B) Six months

C) Six weeks

D) One year

50 / 100

How is an inquiry regarding security for good behaviour conducted?

A) As a sessions trial

B) As a warrant-case (except no charge need be framed)

C) As a summons-case

D) Without any evidence

51 / 100

The 12-year limitation period for execution under Section 48 does NOT apply if the judgment-debtor has prevented execution by:

A) Filing an appeal

B) Traveling abroad

C) Changing his lawyer

D) Fraud or force

52 / 100

In a sudden free fight between groups one person died:

A) None of the above.

B) No one is guilty of murder.

C) Only that person will be liable for causing death who did it as without any pre-mediation death cannot be the object of assembly.

D) All person s will be held.

53 / 100

Section 29(1) explicitly states that nothing in this Act shall affect Section 25 of the:

A) Penal Code, 1860

B) Transfer of Property Act, 1882

C) Contract Act, 1872

D) Evidence Act, 1872

54 / 100

Which specific sections were repealed by the Repealing and Amending Act, 1930 (Act No. VIII of 1930)?

A) Sections 2 and 3

B) Sections 28 and 29

C) Sections 30 and 31

D) Sections 10 and 11

55 / 100

Under Section 42, the Court executing a transferred decree has the power to punish persons disobeying the execution in the same manner as if:

A) It had passed the decree itself

B) It was a Police Officer

C) It was the Supreme Court

D) It was a criminal court

56 / 100

Dying declaration can be sole basis of conviction if it inspires full confidence of the court. The court should be satisfied

A) that deceased was not in a fit state of mind at the time of making the statement

B) that it was not the result of tutoring, prompting or product of imagination

C) both (a) & (b)

D) that deceased was in a fit state of mind at the time of making the statement

57 / 100

Can the Government declare certain classes of persons exempt from arrest in execution of a decree due to public danger or inconvenience (Section 55)?

A) No, CPC (English) applies equally to all

B) Yes, but only for military personnel

C) Yes, by notification in the official Gazette

D) No, only the High Court can do this

58 / 100

When two opposite faction commit a riot, then both parties may be treated as:

A) One unlawful assembly

B) Can be treated as one unlawful assembly as their object are same.

C) Cant be treated as one unlawful assembly as they belong to different faction.

D) Can’t be as their object can’t be same.

59 / 100

A trustee may sue under Section 10 for the possession of property to the beneficial interest in which:

A) No one is entitled

B) The person for whom he is trustee is entitled

C) The government is entitled

D) He himself is entitled

60 / 100

The evidence unearthed by the sniffer dog falls under

A) hearsay evidence

B) scientific evidence

C) documentary evidence

D) oral evidence

61 / 100

Under Section 55, an outer door of a dwelling-house can be broken open for arrest ONLY IF:

A) The judgment-debtor refuses or prevents access

B) The debt is over 1 lakh Taka

C) It is after sunset

D) The police are present

62 / 100

If the person in respect of whom a Section 112 order is made is present in Court (Section 113), the order shall be:

A) Read over to him or explained

B) Ignored until trial

C) Handed to his lawyer

D) Mailed to his home

63 / 100

Five persons went to the house of K armed with clubs to beat K. Among those one A was carrying a pistol concealing it underneath his clothes. During beating A fired a shot resulting death of K. In such case:

A) All of them will be liable for causing death as they all were the members of unlawful assembly.

B) Only A Will be liable causing death.

C) All of them will be liable for beating K.

D) None of the above.

64 / 100

Under Section 28, what exactly is extinguished at the determination of the limitation period for property possession?

A) The right to such property itself

B) The right to claim damages

C) Only the right to evict

D) The right to file an appeal

65 / 100

Section 29(2): Where a special law prescribes a different period, Section 3 applies as if it were prescribed in:

A) The penal code

B) The third schedule

C) The first schedule

D) The constitution

66 / 100

Where on a sudden quarrel three of accused actually & other two only kept abusing to the deceased’s:

A) All of them are guilty of rioting.

B) None of the above.

C) The remaining two can be guilty of rioting if they were armed too.

D) Only three who joined assault are guilty of rioting.

67 / 100

Examination of witnesses in criminal cases through video conferencing is

A) permissible at the option of the accused

B) impermissible

C) permissible

D) permissible at the option of the witness

68 / 100

For taking the dying declaration from the deceased, the presence of Magistrate is

A) required at the request of the relative of the deceased

B) required at the request of the police

C) not mandatory

D) mandatory

69 / 100

Under Section 116, can a Magistrate dispense with the personal attendance of a person called to show cause?

A) Only if the person is out of the country

B) No

C) Yes, and permit him to appear by a pleader

D) Yes, but only in Section 110 cases

70 / 100

Who acts as the Returning Officer for Bar Council elections?

A) Attorney General

B) Secretary

C) Chairman

D) Appointed by Attorney General

71 / 100

The landmark Supreme Court judgment laying down mandatory guidelines against arbitrary arrest and police remand (Section 54 and 167 CrPC) in Bangladesh is:

A) Naina Sahni case (2007)

B) BLAST vs Bangladesh (55 DLR 363)

C) Parliament attack case (2006)

D) Uphaar Cinema case (2005)

72 / 100

The conditions of an interim bond under Section 117(3) cannot be:

A) Without sureties

B) More onerous than those specified in the Section 112 order

C) Changed at all

D) Less than 10,000 Taka

73 / 100

It is possible to convict three out of five members of assembly even if:

A) None of the above.

B) Two members could not be convicted because of un-identification.

C) Two members participation is doubtful.

D) Two members were acquitted.

74 / 100

Mere presence at the scene:

A) Does make the member of unlawful assembly if he shared the common object of unlawful assembly.

B) Does not make one a member of unlawful assembly.

C) Does make the member of unlawful assembly.

D) None of the above.

75 / 100

According to Section 29(3), nothing in the Limitation Act applies to suits under which Act?

A) The Marriage Act

B) The Succession Act

C) The Divorce Act

D) The Trust Act

76 / 100

To apply Section 149 of the Penal Code:

A) There must be commission of an offence by more then two members of assembly at least.

B) There must be commission of an offence by all members of assembly.

C) There must be commission of an offence by at least members of the assembly.

D) There must be commission of an offence by any one of the members of assembly.

77 / 100

A is entitled to a picture by a dead painter. B has possession of it. B may be compelled to deliver it because:

A) The articles have no ascertainable market value

B) A is richer

C) B agrees to sell

D) B stole it

78 / 100

The presumption under section 41 of Evidence Act is a

A) presumption of fact & law

B) presumption of fact

C) irrebuttable presumption of law

D) rebuttable presumption of law

79 / 100

For executing a decree against ancestral property, a son or descendant under Hindu law is deemed to be (Section 53):

A) A stranger

B) The legal representative of the deceased ancestor

C) A co-plaintiff

D) A benamdar

80 / 100

Before rejecting a surety, the Magistrate must hold an inquiry into the fitness of the surety on:

A) The internet

B) Paper only

C) Oath

D) Police reports alone

81 / 100

In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made

A) Rajinder v. State of Haryana, AIR 2006 SC 21

B) Jagdish Murav v. State of Uttar Pradesh, AIR 2007 SC 35

C) Surendra Prasad Tiwari v. State of Uttar Pradesh, AIR 2005 SC 125

D) Syed Ibrahim v. State of Andhra Pradesh, AIR 2006 SC 2908

82 / 100

Under Section 60, stipends and gratuities allowed to Government pensioners are:

A) Attachable fully

B) Attachable only for maintenance

C) Attachable up to 50%

D) Exempt from attachment

83 / 100

It is a well-settled law that the rule of prudence requires that the evidence of an accomplice should ordinarily be corroborated by some other evidence. It was held by Supreme Court in

A) Bablu v. State of Rajasthan, AIR 2006 SC 115

B) Youaraj Rai v. Chander Bahadur Karki, AIR 2007 SC 561

C) Francis Stanly v. Intelligence Officer, AIR 2007 SC 794

D) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663

84 / 100

Where a small compact body of men armed with lathis and headed by a person carrying Gun, endeavour to take forcible possession of a land, in the fight one person is shot dead by the head. They all were held guilty of murder the decision of court:

A) Can’t say.

B) Is surprising.

C) Is not justified.

D) Is justified.

85 / 100

Which of the following is correct?

A) Lathies and stone are not deadly weapons under this 148 PENAL CODE.

B) None of the above.

C) Who ever is armed with deadly weapons is guilty of rioting shall be punished with enhanced punishment.

D) Both (a) and (b).

86 / 100

According to Section 3, a suit is dismissed if instituted after the period prescribed in which schedule?

A) Third schedule

B) First schedule

C) Second schedule

D) Special schedule

87 / 100

Which section was repealed by the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914)?

A) Section 30

B) Section 32

C) Section 29

D) Section 31

88 / 100

Under Section 48, an order for execution of a decree cannot be made upon a fresh application after the expiration of:

A) 12 years

B) 20 years

C) 6 years

D) 3 years

89 / 100

In a faction ridden at large fight ensured, in the course of which one wounded person A & retired to the side of Road. Later a man was killed:

A) A is not guilty of murder as he ceased to be member of unlawful assembly.

B) A is guilty of murder as being a member of unlawful assembly.

C) A is not guilty of murder inspite of being a member of unlawful assembly.

D) A is guilty of being a member of unlawful assembly only.

90 / 100

If the person in respect of whom the inquiry is made is a minor, the bond shall be executed by:

A) The minor only

B) Both the minor and sureties

C) His sureties only

D) A police officer

91 / 100

Which of the following properties is liable to attachment and sale in execution of a decree (Section 60)?

A) Tools of artisans

B) Books of account

C) Cooking vessels

D) Promissory notes

92 / 100

An attachment under a precept shall not continue for more than two months UNLESS (Section 46):

A) Both A and B

B) The period is extended by the Court which passed the decree

C) The decree has been transferred and the decree-holder has applied for sale

D) Neither A nor B

93 / 100

The possession or ownership of property of the grandfather of defendant on the basis of documents 30 years old can

A) not to be proved

B) be proved at the option of plaintiff

C) be proved

D) be proved at the option of defendant

94 / 100

Specific relief cannot be granted for the mere purpose of enforcing a:

A) Penal law

B) Trust

C) Property right

D) Civil contract

95 / 100

A special or temporary right to the present possession of property is sufficient to support a suit under:

A) Section 10

B) Section 8

C) Section 9

D) Section 12

96 / 100

For the purposes of Section 117, that a person is a habitual offender may be proved by:

A) A confession only

B) DNA evidence

C) A polygraph test

D) Evidence of general repute or otherwise

97 / 100

An order under Section 112 must set forth:

A) The term of the bond and details of sureties

B) The amount of the bond

C) All of the above

D) The substance of the information received

98 / 100

If two or more persons are associated together in the matter under inquiry, they may be dealt with:

A) Only by a Sessions Judge

B) In the same or separate inquiries as the Magistrate thinks just

C) Always in the same inquiry

D) Always in separate inquiries

99 / 100

The Court which passed a decree may send it for execution to another Court if the person against whom the decree is passed (Section 39):

A) Actually and voluntarily resides or carries on business in the other Court's jurisdiction

B) All of the above

C) Has property within the local limits of such other Court

D) Has no property within the local limits of the Court which passed it

100 / 100

Which chapter of the Canons covers conduct towards other advocates?

A) Chapter 2

B) Chapter 3

C) Chapter 1

D) Chapter 4

The average score is 0%

0%

Bar Council Full Model Test 17 English | 100 Marks 60 Min