Bar Council Full Model Test 18 English

Bar Council Full Model Test 18 (English)

Bangladesh Bar Council Preliminary Full Model Test 18

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

Where two or more persons claim adversely to one another the same debt from another person who claims no interest, that person may institute an (Section 88):

A) Interpleader suit

B) Injunction suit

C) Insolvency petition

D) Interlocutory application

2 / 100

Is a suit for an injunction explicitly mentioned in the exclusion of time under Section 15(1)?

A) No, it mentions suits stayed by injunction

B) Only temporary injunctions

C) Yes

D) Only mandatory injunctions

3 / 100

Within how many days can an appeal be filed if the Tribunal dismisses a complaint?

A) 30 days

B) 90 days

C) 120 days

D) 60 days

4 / 100

Assertion(A): X and Y sitting on the bank of a river suddenly start fighting, and X throws Y into the river Y starts shouting and request Z, a vendor on river bank, to save him, Z though knows swimming does not pay heed Y drowns. Z is not liable. Reason (R): People must guard against reasonable probabilities but they are not expected to guard against fantastic possibilities.

A) A is false but R is true.

B) A is true but R is false

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

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

5 / 100

If a Magistrate orders a person to give security for a period exceeding ONE year and the person defaults, the proceedings must be laid before:

A) The Sessions Judge

B) The Chief Justice

C) The High Court Division

D) The District Magistrate

6 / 100

Photostat copy of family settlement is allowed to be produced before court as

A) electronic evidence

B) primary evidence

C) original evidence

D) secondary evidence

7 / 100

Causing death of a child in mother’s womb:

A) Is culpable homicide

B) With intent to cause miscarriage is homicide.

C) Is always homicide

D) Is culpable homicide if any part of such child has been brought forth, though the child may not have breathed or been completely born

8 / 100

Which is not an offence against the public tranquility?

A) Unlawful assembly

B) Assault.

C) Riot

D) Affray

9 / 100

X, with the intention to kill Y, supplies him powdered sugar beliving it to be poison. Y eats the powder. X is guilty of:

A) No offence

B) Attempt to commit murder

C) Attempt to commit culpable homicide not amounting to murder.

D) Abetment to commit murder.

10 / 100

According to Section 65, when an immovable property is sold in execution and the sale becomes absolute, the property vests in the purchaser from:

A) The date the suit was filed

B) The time when the sale becomes absolute

C) The date of the original decree

D) The time when the property is sold

11 / 100

True or False context: Under Section 5, is ignorance of law considered a sufficient cause?

A) Yes, explicitly stated

B) Yes, for foreigners

C) No, it specifies being misled by High Court Division

D) Yes, for minors

12 / 100

Under Section 73 (Rateable distribution), if property is sold subject to a mortgage, is the mortgagee entitled to share in any surplus arising from the sale?

A) No

B) Only up to 10%

C) Yes

D) Only if he filed a separate suit

13 / 100

To whom should a Bar Council member submit their resignation?

A) Chief Justice

B) Minister of Law

C) Chairman

D) Secretary

14 / 100

Under Section 14, if a proceeding was prosecuted without due diligence, will the time be excluded?

A) Subject to a fine

B) Partially

C) Yes

D) No

15 / 100

T instigates C, a child under seven years of age to do an act which can cause X’s death. In consequence of this C cause X’s death in absence of T. With reference to the above statement” Assertion (A): T is liable for murder of X, even though the actual act has been committed by an infant. Reason (R): The liability of the abettor depends upon the capability and knowledge or intention of the person abetted.

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

B) A is true but R is false

C) A is false but R is true.

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

16 / 100

Facts which are perceived by the senses are called-

A) Positive facts

B) Psychological facts

C) Negative facts

D) Physical facts

17 / 100

What essential change was made in section 154 of Evidence Act vide Criminal Law (Amendment) Act, 2005?

A) corroborating a witness by questioning him on surrounding circumstances

B) the party is entitled to rely on any part of the evidence of the witness to whom he has called to put any question to him, which might be put in cross-examination by the adverse party

C) former statement of witness may be proved to corroborate later testimony as to same fact

D) two statements sought to be contradicted in addition should be drawn to previous statement

18 / 100

Assertion (A): One of the most difficult tasks in attempt cases has been to find out the dividing line between preparation and attempt. Reason (R): Shooting at the shadow sufficiently near a person as to put him in danger is attempt to commit murder.

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

B) A is false but R is true.

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

D) A is true but R is false

19 / 100

When executing a process for seizure of movable property, a room occupied by a woman who does not appear in public cannot be entered without (Section 62):

A) Supreme Court permission

B) Giving her notice and reasonable facility to withdraw

C) A police warrant

D) Handcuffing her

20 / 100

A, on grave and sudden provocation from Z, fires a pistol at Z, does not die, A is guilty of L:

A) Culpable homicide not amounting to murder

B) Attempt to commit culpable homicide.

C) Attempted murder

D) Grievous hurt.

21 / 100

Which section states that a Ruler of a foreign State may sue, and shall be sued, in the name of his State?

A) Section 87

B) Section 84

C) Section 85

D) Section 86

22 / 100

Specific performance may be enforced when pecuniary compensation for its non-performance would not afford:

A) Punitive damages

B) Adequate relief

C) Any relief

D) Nominal damages

23 / 100

C sees A running away from a room and afterwards sees B lying down in a pool of blood in the same room his evidence is as far as seeing A running away is direct, but as far as the murder is concerned, it is _____ evidence.

A) Real

B) Primary

C) Circumstantial

D) Substantial

24 / 100

Any private transfer of property after it has been legally attached is (Section 64):

A) Legal if registered

B) Voidable at the option of the buyer

C) Valid but penalised

D) Void as against all claims enforceable under the attachment

25 / 100

The maximum period for which any person can be imprisoned for failure to give security under this Chapter is:

A) 5 years

B) 3 years

C) 1 year

D) 2 years

26 / 100

Under Section 128, who can be required to assist in dispersing the assembly by civil force?

A) Any child

B) Any male person, not being in the armed forces

C) Foreign tourists

D) Any woman

27 / 100

In which of the following cases Supreme Court held that "Test identification parade is only an aid to investigation. The practice is not born out of prudence"?

A) Sujata v. S.K. Behem, AIR 2010 (NOC) 812

B) Siddharth Vashist @ Manu Sharma v. State (NCT of Delhi), AIR 2010 SC 2352

C) S. Jaiswal v. Alok, AIR 2010 (NOC) 805

D) Shivaji v. Nagendra, AIR 2010 SC 2261

28 / 100

Imprisonment for failure to give security for keeping the peace shall be:

A) Solitary confinement

B) Simple

C) Rigorous

D) At the discretion of the jailer

29 / 100

Under Section 129, if an assembly cannot be otherwise dispersed and public security requires it, it may be dispersed by:

A) Military force

B) Private security

C) Foreign troops

D) Fire department

30 / 100

Under Section 75, the Court may issue a commission for all of the following EXCEPT:

A) To arrest the defendant

B) To examine or adjust accounts

C) To make a local investigation

D) To make a partition

31 / 100

Under Section 82, execution shall not be issued on a decree against the Government unless it remains unsatisfied for how many months computed from the date of the report?

A) Two months

B) Six months

C) Three months

D) One month

32 / 100

Imprisonment for failure to give security for good behaviour under Section 109 or 110 can be:

A) Simple only

B) Rigorous only

C) Rigorous or simple as the Court/Magistrate directs

D) Replaced by community service

33 / 100

The distinction between culpable homicide and murder is based on:

A) Availability of direct evidence of murder.

B) Exception given in Section 300 of Bangladesh Penal code .

C) Availability of direct evidence of culpable homicide.

D) Intention or knowledge with respect to death

34 / 100

A contracts to sell 100 bighas. 98 belong to A, 2 to a stranger. The 2 are not necessary. Under Section 14, A may be directed to convey 98 and:

A) Make compensation to B for the 2 bighas

B) Convey another 2

C) Cancel the contract

D) Buy the 2 bighas

35 / 100

Under Section 125, who may cancel any bond executed for keeping the peace or good behaviour for sufficient reasons recorded in writing?

A) A Third Class Magistrate

B) The District Magistrate

C) The Police Commissioner

D) A civil court judge

36 / 100

When two persons, by fighting in a public place, disturb the public peace, they re said to commit:

A) Rioting

B) An Affray

C) None of the above.

D) An assault

37 / 100

Who can order the discharge of a person imprisoned for failing to give security if it is without hazard to the community?

A) The District Magistrate

B) Any police officer

C) The jail superintendent

D) A Union Chairman

38 / 100

Specific performance may be enforced when it is probable that pecuniary compensation:

A) Cannot be got for the non-performance

B) Is too large

C) Is too small

D) Can be easily got

39 / 100

A foreign State may sue in any Court in Bangladesh provided that (Section 84):

A) It pays double court fees

B) The State has been recognized by the Government and the object is to enforce a private right

C) The object of the suit is to enforce a public right

D) It has a consulate in Dhaka

40 / 100

The punishment for rioting is:

A) Three years

B) Seven years.

C) Four years

D) Two years

41 / 100

If an assembly does not disperse upon command, how may it be dispersed under Section 128?

A) By fine

B) By reading the Riot Act

C) By civil force

D) By dropping leaflets

42 / 100

Who presides over the general meeting of the Bar Council?

A) Vice-Chairman

B) Chief Justice

C) Secretary

D) Chairman

43 / 100

Alien enemies residing in Bangladesh WITHOUT permission of the Government (Section 83):

A) May sue with Court's leave

B) Shall not sue in any of such Courts

C) May sue through a lawyer

D) May sue if the matter involves human rights

44 / 100

Whose signature is on the advocate enrollment certificate?

A) Chairman

B) Enrollment Chairman

C) Vice-Chairman

D) Chairman or Vice-Chairman

45 / 100

Does a continuing breach of contract mean limitation starts only once at the first breach?

A) Yes

B) No, a fresh period begins at every moment the breach continues

C) Yes, unless written otherwise

D) Yes, for lease agreements

46 / 100

Specific performance may be enforced when there exists no standard for ascertaining actual damage. This is in:

A) Section 12(a)

B) Section 12(d)

C) Section 12(c)

D) Section 12(b)

47 / 100

Match the following offence: Grave and sudden provocation (a) Exception II to sec 300. Death caused in sudden fight (b)Exception V to Sec. 300. Death caused by consent (c) Exception I to Sec. 300. Exceeding right of private defence (d) Exception Iv to Sec. 300

A) a c b d.

B) c a b d.

C) b c d a.

D) d b d a.

48 / 100

Which section of the Bangladeshi Evidence Act was amended by the Criminal Law (Amendment) Act, 2005

A) section 32

B) section 154

C) section 118

D) section 90A

49 / 100

In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be (Section 79):

A) The President of Bangladesh

B) The Attorney General

C) Bangladesh

D) The Prime Minister

50 / 100

How many years of lower court practice are needed for High Court permission?

A) 1 year

B) 3 years

C) 5 years

D) 2 years

51 / 100

Unlawful assembly is an offence against:

A) The Public tranquility

B) The State

C) None of the above

D) Public Justice

52 / 100

A contracts to sell a house to B. It is destroyed by a cyclone the next day. B can be compelled to perform under Section:

A) Section 13

B) Section 15

C) Section 12

D) Section 14

53 / 100

A contracts to sell B a house for 1,000 taka. B is entitled to specific performance because the Court presumes:

A) Immoveable property breach cannot be adequately relieved by money

B) B has no house

C) It's a moveable property

D) A is bankrupt

54 / 100

Under Section 63, if multiple courts attach the same property, the determining court is the one of the highest grade, or if grades are equal:

A) The District Court

B) The High Court Division

C) The Court closest to the property

D) The Court under whose decree the property was first attached

55 / 100

X intending to kill Y by poisoning purchases poison and mixes the same with a glass of milk. He gives the glass to Z to serve it to Y. Z drinks the milk and dies. Which one of the following statements is correct in this context?

A) X commits the offence of death of rash or negligent act

B) X commits the offence of murder.

C) X commits the offence of abetment of suicide by Z

D) X commits no offence as Z drinks the milk voluntarily

56 / 100

A caused B's death by stabbing him with a knife. C sees the whole transaction and deposes in a court of law. Here the evidence given by C is _____ evidence.

A) Real

B) Circumstantial

C) Substantial

D) Direct

57 / 100

Under Section 26, does the 60-year rule apply if the property over which an easement is claimed belongs to a private company?

A) Yes

B) Depends on company size

C) Yes, if public limited company

D) No, only if it belongs to the Government

58 / 100

Who may command an unlawful assembly to disperse under Section 127?

A) Any citizen

B) Any Judicial Magistrate only

C) A lawyer

D) Any Executive Magistrate or officer in charge of a police-station

59 / 100

A contracts to grant an annuity to B for life. B is killed the next day. Can B's representative be compelled to pay?

A) No

B) Only if A returns money

C) Only half

D) Yes

60 / 100

A transfers a promissory note to B for value but without endorsement. A becomes insolvent. Can B compel assignee C to endorse?

A) No, A is insolvent

B) No, C is not a party

C) Yes, compensation would be fruitless

D) Yes, but B must pay C

61 / 100

Is the time requisite for obtaining a copy of the judgment excluded when applying for a review of judgment (Sec 12(2))?

A) Only in civil courts

B) Yes

C) Only in high court

D) No

62 / 100

In a suit against the Government relating to the affairs of the Railway, notice must be left at the office of (Section 80):

A) The General Manager of the Railway

B) The Collector of the District

C) A Secretary to the Government

D) The Station Master

63 / 100

A files a suit against B for not paying the rent on the basis of a lease agreement. C deposes, that he was present when the agreement is entered into. The evidence given by C is _____ evidence.

A) Direct

B) Substantial

C) Real

D) Circumstantial

64 / 100

X, with the intention to cause miscarriage, administered a drug to a pregnant lady Y. the child in the womb died. X is guilty of:

A) Causing miscarriage.

B) No offence

C) Culpable homicide not amounting to murder

D) Murder

65 / 100

The evidence must be always direct, and if the oral evidence is hearsay it is inadmissible.

A) none of the above

B) True

C) False

D) partly true

66 / 100

Under Section 126A, when a bond is cancelled upon a surety's application, the Magistrate shall order the person to give:

A) Security for a brand new 3-year term

B) Nothing

C) Fresh security of the same description for the unexpired portion

D) Double the amount of the original security

67 / 100

Can an oral acknowledgment restart the limitation period under Section 19?

A) Yes, if there are witnesses

B) No, it must be in writing

C) Yes, if recorded

D) Yes, in rural courts

68 / 100

When a surety applies to cancel a bond, what must the Magistrate issue for the person bound?

A) A jail sentence

B) A new bond immediately

C) A summons or warrant to appear

D) A fine

69 / 100

Assertion (A): A person compelled by threats, from another, which reasonably cause apprehension of his instant death, commits murder of the third person, can plead the defence of compulsion. Reason (R): Consent of the deceased (above 12 years) is a defence to the charge of murder if the act causing death is done in good faith for the benefit of the deceased without intention to kill.

A) A is true but R is false

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

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

D) A is false but R is true.

70 / 100

With an intention to cause bodily injury, A hit B with a lathi. He gave six blows, one of which hit B on his head as a result of which B died after 20 days. A guilty of:

A) Grievous hurt

B) Culpable homicide not amounting to murder.

C) Murder

D) Causing death by rash or negligent act.

71 / 100

A judgment in an election petition is not one of the judgments specifically recognised by

A) section 56 of the Evidence Act

B) section 41 of the Evidence Act

C) section 57 of the Evidence Act

D) section 42 of the Evidence Act

72 / 100

Under Section 126, a surety for the peaceable conduct of another person can apply to a Magistrate to:

A) Cancel any bond executed

B) Transfer the bond to someone else

C) Increase the bond amount

D) Arrest the person

73 / 100

Who can cause an assembly to be dispersed by military force?

A) The lowest ranking police officer

B) The Executive Magistrate of the highest rank present or the Police Commissioner

C) The Mayor

D) A Union Parishad Member

74 / 100

Can a public officer be arrested or his property attached (other than in execution of a decree) in a suit for his official act (Section 81)?

A) Yes, if he attempts to abscond

B) Yes, if the Court orders

C) No, he shall not be liable to such arrest or attachment

D) Only if the amount is over 10,000 Taka

75 / 100

When a military officer is required to disperse an assembly, he must:

A) Use maximum force possible

B) Ignore the Magistrate and take total control

C) Obey the requisition using as little force and doing as little injury as consistent with dispersing it

D) Wait 24 hours

76 / 100

A contracts to sell 100 bighas. 50 belong to a stranger. Can A obtain a decree against B for specific performance?

A) No

B) Yes, with B's consent

C) Yes

D) Yes, with compensation

77 / 100

A suit claiming that a certified purchase was made on behalf of the plaintiff (Benami transaction) is (Section 66):

A) Not maintainable against the certified purchaser

B) Allowed if the property value is high

C) Permitted in Small Cause Courts

D) Permitted only if the Government is involved

78 / 100

If a conditional discharge is cancelled because conditions were not fulfilled, the person may be:

A) Allowed to appeal to the Supreme Court immediately

B) Fined heavily

C) Deported

D) Arrested without warrant and remanded to prison

79 / 100

Falsus in uno, falsus in omnibus is

A) a rule of evidence

B) a rule of criminal law

C) not a rule of evidence in criminal trial

D) a rule of evidence in criminal trial

80 / 100

In the 50 bighas scenario, can B obtain a decree directing A to convey the 50 bighas belonging to A?

A) Yes, if B waives compensation rights

B) No

C) Yes, and A pays

D) Yes, for half price

81 / 100

X, with the intention to kill Y, supplies his a poisoned apple. Y discovers that the apple is poisoned and gives it to a minor child to eat. The child eats it and dies. In this case:

A) Y is guilty of murder and X does not commit any offence

B) X as well as Y are guilty of murder.

C) X is guilty of murder and Y are guilty of abetment or murder.

D) X is guilty of attempt to murder and Y is guilty of murder.

82 / 100

An assembly likely to cause a disturbance of the public peace must consist of at least how many persons to be ordered to disperse?

A) 2 or more

B) 10 or more

C) 5 or more

D) 3 or more

83 / 100

Section 74 states that if a judgment-debtor resists a purchaser from obtaining possession without just cause, he may be detained in civil prison for up to:

A) 15 days

B) 30 days

C) 60 days

D) 90 days

84 / 100

The execution of decrees ordering the sale of any particular kind of immovable property may be transferred to the Collector by (Section 68):

A) The District Judge

B) The Police Commissioner

C) The Government

D) The High Court Division

85 / 100

If a person ordered to give security does not give it, he shall generally be:

A) Placed under house arrest

B) Fined

C) Committed to prison

D) Deported

86 / 100

Under Section 131, if no Executive Magistrate can be communicated with, who can disperse the assembly by military force?

A) Any commissioned officer of the Bangladesh Army

B) A police constable

C) Any civilian with a gun

D) Any soldier

87 / 100

Consent to sue a Ruler of a foreign State is certified by the signature of (Section 86):

A) The Chief Justice

B) A Secretary to the Government

C) The President

D) The Attorney General

88 / 100

_____ is that which goes expressly to the very point in question and which, if believed, proves the point in question without aid from inference or reasoning.

A) Substantial

B) Circumstantial

C) Real

D) Direct

89 / 100

Facts which exist in the minds of the people are called-

A) Negative facts

B) Positive facts

C) Psychological facts

D) Physical facts

90 / 100

True or False context: Can a benamider ever be considered a trustee under the definitions of this Act?

A) No, expressly excluded

B) Yes, if registered

C) Depends on customary law

D) Yes, always

91 / 100

If a court is closed on the first day of the limitation period, does Section 4 grant an extension?

A) Yes

B) Yes, by 30 days

C) No, Section 4 only applies if the period expires on a day the court is closed

D) Yes, by one week

92 / 100

The provision "hostile witness" is provided under section ... of Bangladeshi Evidence Act

A) section 133

B) section 145

C) section 155

D) section 154

93 / 100

X is charge for murder of Y. About a month before the murder Y had attempted to rape the wife of X, X has an altercation with Y immediately before murder X is:

A) Entitled to the right of private defence since he was provoked on seeking the deceased.

B) Not entitled to right of private defence since there was an interval of one month between attempted rape and the murder.

C) Not entitled to right of private defence as the right of private defence was available to defence his won body alone.

D) Entitled to the benefit of right of private defence as the deceased had attempt to rape his wife.

94 / 100

If a writing containing an acknowledgment is undated, can oral evidence of its contents be received (Sec 19(2))?

A) Yes, always

B) Only for the signature

C) No, subject to Evidence Act, oral evidence of contents not received

D) Yes, if the judge asks

95 / 100

In a suit against a public officer for his official act, what is the mandatory notice period before instituting the suit (Section 80)?

A) One month

B) Three months

C) Two months

D) Six months

96 / 100

Assertion(A): X and Y independently intending to kill Z strike him with iron rod on his head. Z dies as a result of the injuries. Both X and Y are guilty of murder under Section 302/304, Bangladesh Penal code . Reason (R): When a criminal act is done by several person in furtherance of common intention of all, each of them is liable as if it was done by him alone.

A) A is false but R is true.

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

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

D) A is true but R is false

97 / 100

Unlawful assembly consists of five or more persons whose common object is:

A) To commit any mischief with criminal force

B) None of the above.

C) To resist the execution of any legal process

D) To mellow down all orders

98 / 100

A confession to be inadmissible under section 25 of the Evidence Act

A) must relate to another crime

B) none of the above

C) may relate to the same crime for which offender is charged

D) must relate to the same crime for which offender is charged

99 / 100

Can a tenant of immovable property sue a Foreign Ruler from whom he holds the property without Government consent (Section 86)?

A) No

B) Only if the lease is over 99 years

C) Only for rent adjustments

D) Yes

100 / 100

A District Magistrate can make an order to discharge a person:

A) Both A and B

B) Upon accepted conditions

C) Neither A nor B

D) Without conditions

The average score is 0%

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Bar Council Full Model Test 18 English | 100 Marks 60 Min