Bar Council Full Model Test 19 English

Bar Council Full Model Test 19 (English)

Bangladesh Bar Council Preliminary Full Model Test 19

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

There is no absolute rule of law that dying declaration cannot form the sole basis of conviction unless corroborated.

A) False

B) True

C) partly true

D) none of the above

2 / 100

What happens if a person claiming an easement under Sec 26 interruptedly enjoys it for 25 years?

A) He gets half the right

B) He does not get the absolute right, as it must be "without interruption"

C) He must pay compensation

D) He gets the right

3 / 100

Can an order duly made by a Magistrate under Section 133 be called in question in any Civil Court?

A) No

B) Yes, always

C) Only if the property value exceeds 1 lakh Taka

D) Yes, within 30 days

4 / 100

Under Section 132, no prosecution against any person for acts done under Chapter IX shall be instituted except with the sanction of:

A) The Supreme Court

B) The District Magistrate

C) The Police Commissioner

D) The Government

5 / 100

The Court may direct executive authorities or law enforcement agencies to assist in executing a decree under (Section 94A):

A) Section 144

B) Section 151

C) Section 94A

D) Section 74

6 / 100

Section 300 of the penal code speaks of situations in which if a murder is committed, then it is treated as culpable homicide not amounting to murder. Which one of the following situations is not covered under S. 300, PENAL CODE ?

A) Exercise of the right of private defence.

B) Exercise of legal powers

C) Exercise of legal powers (Not applicable)

D) Sudden fight.

7 / 100

Under Section 136, if a person fails to obey the order or appear to show cause, they are liable to the penalty prescribed in which section of the Penal Code?

A) Section 144

B) Section 188

C) Section 302

D) Section 420

8 / 100

Is an "applicant" defined to include the person through whom he derives his right to apply?

A) No

B) Yes, Sec 2(1)

C) Only in trust cases

D) Only in property cases

9 / 100

To prevent the ends of justice from being defeated, the Court under Section 94 may:

A) All of the above

B) Order attachment of property

C) Grant a temporary injunction

D) Appoint a receiver of any property

10 / 100

Does an Appellate Court have the power to mediate an appeal from an original decree under Section 89C?

A) Yes, but only with Supreme Court permission

B) Yes, it shall mediate or refer the appeal for mediation

C) No, mediation is only for trial courts

D) Only for commercial disputes

11 / 100

Under Section 89A(11), if disputes are settled on compromise, the parties are entitled to a refund of court fees within:

A) 30 days

B) 120 days

C) 90 days

D) 60 days

12 / 100

Are Magistrates, police officers, and soldiers protected from prosecution if acting in good faith under Chapter IX?

A) Only if they are off duty

B) Yes, their acts are not deemed offences

C) Only if no one is injured

D) No, they have absolute liability

13 / 100

Does the Limitation Act 1908 provide rules for acquiring ownership by possession?

A) Yes, Part IV does

B) Only for moveable property

C) Only for government land

D) No, that is the Transfer of Property Act

14 / 100

Under Section 19, if the Court decides specific performance ought not to be granted, but there is a breach, it shall:

A) Award compensation

B) Send to arbitration

C) Order a retrial

D) Dismiss the suit

15 / 100

A contracts to buy B's business at a valuation by two valuers. A stops his valuer. Can specific performance be enforced?

A) Yes

B) Only if Court appoints

C) Only if B agrees

D) No

16 / 100

An admission which is made as the part of the proceedings so that it is recorded in the file of the court is called a _____

A) Informal admission

B) none of the above

C) Admission by conduct

D) Formal admission

17 / 100

Under Section 21(3)(b), who usually makes an acknowledgment on behalf of a Hindu undivided family?

A) The manager of the family for the time being

B) The family priest

C) The eldest son

D) The mother

18 / 100

Suits relating to public charities (Section 92) are instituted in the:

A) Principal Civil Court of original jurisdiction

B) High Court Division

C) Appellate Division

D) Court of Small Causes

19 / 100

If the person appears and shows cause against the order, the Magistrate shall (Section 137):

A) Ignore their defense

B) Take evidence in the matter

C) Arrest them

D) Make the order absolute immediately

20 / 100

Does Section 18 (Fraud) compute time from when the fraud was committed, or from when it was known?

A) When committed

B) When the police report it

C) When known to the person injuriously affected

D) When the court discovers it

21 / 100

Under Section 19, if specific performance is granted but is not sufficient to satisfy justice, the Court may:

A) Cancel contract

B) Order jail

C) Award compensation accordingly

D) Refuse performance

22 / 100

Under Section 132A, the provisions of Chapter X (Public Nuisances) do NOT apply to:

A) Hill tracts

B) Coastal areas

C) A Metropolitan Area

D) Rural areas

23 / 100

Culpable homicide is described in:

A) Section 302 of PENAL CODE

B) Section 299 of PENAL CODE

C) Section 307 of PENAL CODE

D) None of the above.

24 / 100

Consider the following statements in respect of the offence of robbery: 1. Causing fear of death may be relevant 2. Causing hurt may be relevant 3. Causing fear of hurt may be relevant 4. Causing wrongful restraint may be relevant Which of the statements given above are correct?

A) 3 and 4.

B) 1 and 3

C) 2 and 4

D) 1 and 2

25 / 100

Does a civil suit lie against a Magistrate for actions done in good faith under Section 140?

A) Yes, for damages

B) Only if the President approves

C) No

D) Yes, for injunction

26 / 100

A suit for a declaration and injunction in case of a public nuisance may be instituted by (Section 91):

A) The Police

B) Any individual without proving damage

C) The Attorney General, or two or more persons with his written consent

D) Only the District Magistrate

27 / 100

Dowry death is described in section of PENAL CODE :

A) Section 304 of PENAL CODE

B) Section 304B of PENAL CODE

C) Section 306 of PENAL CODE

D) Section 308 of PENAL CODE .

28 / 100

If the person disobeys the injunction issued under Section 142, what can the Magistrate do?

A) Cancel the injunction

B) Only issue another warning

C) Wait 30 days

D) Himself use means to obviate the danger or prevent the injury

29 / 100

The proceedings of mediation under Section 89A are:

A) Admissible as evidence in the same suit

B) Published in the Gazette

C) Deemed privileged and confidential

D) Public records

30 / 100

Section 99 protects decrees from being reversed or remanded in appeal on account of:

A) Fraud

B) Lack of pecuniary jurisdiction

C) Lack of territorial jurisdiction

D) Any error, defect or irregularity not affecting the merits of the case or jurisdiction

31 / 100

Estoppel deals with question of facts, and of rights.

A) True

B) partly true

C) False

D) none of the above

32 / 100

The statement “all murders are culpable homicide but all culpable homicide is not murder” is:

A) All of them.

B) Sometimes

C) Not true

D) True

33 / 100

‘A’ instigates B to cause grievous hurt to X. In consequence of the instigation B causes grievous hurt to X. X dies in consequence. A is guilty of abetment of:

A) Culpable homicide not amounting to murder as death had resulted as a consequence of the grievous hurt.

B) Grievous hurt as A had instigated to commit grievous hurt and not murder.

C) Murder if A knew that the grievous hurt abetted was likely to cause death.

D) Murder even if A did not know that the grievous hurt and not murder.

34 / 100

Under Section 140, when an order is made absolute, the Magistrate gives notice requiring the person to perform the act within a fixed time. If disobeyed, how can costs be recovered?

A) By deducting from their bank account directly

B) By enslaving the person

C) Costs cannot be recovered

D) By sale of the removed property or distress and sale of other movable property

35 / 100

Where concurrence of other persons is necessary to validate title, and they are bound to convey, the purchaser may:

A) Sue them directly

B) Compel him to procure concurrence

C) Ignore them

D) Cancel the contract

36 / 100

Under Section 142, if a Magistrate considers there is imminent danger or serious injury to the public, he may:

A) Wait for a civil court order

B) Ask the military to drop bombs

C) Issue an injunction to prevent the danger pending determination of the matter

D) Do nothing until the trial is over

37 / 100

A sues B for specific performance of selling a patent. Before hearing, the patent expires. The Court may:

A) Award A compensation

B) Dismiss the suit

C) Renew the patent

D) Force new patent

38 / 100

Each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made.

A) False

B) True

C) none of the above

D) partly true

39 / 100

According to Section 3, does a court have the power to dismiss a time-barred suit on its own motion (suo motu)?

A) Only in criminal cases

B) Yes, "although limitation has not been set up as a defence"

C) No, defendant must plead

D) Only if the plaintiff admits it

40 / 100

P was picked up by a gang of robbers in a car from the street. He was given a revolver and asked to shoot at M. When P resisted, a revolver was put on his ear and he was told that if he did not shoot, he would be shot dead. Then P shot M dead. On a charge of murder, P argued that his act was not voluntary nor was there mens rea. P is guilty of:

A) Culpable homicide not amounting to murder.

B) Attempt to commit murder

C) Murder.

D) No offence

41 / 100

Culpable homicide is causing death:

A) All are correct.

B) With the intention of causing death

C) With the intention of causing such bodily injury as is likely to cause death

D) With the knowledge that it is likely, by such act, to cause death

42 / 100

Is a cheque considered a bill of exchange under this Act?

A) Only crossed cheques

B) Yes

C) Only bearer cheques

D) No

43 / 100

Under Section 139A, if an order is made to prevent obstruction to a public way, what must the Magistrate ask the person appearing?

A) What their income is

B) Whether they deny the existence of any public right in respect of the way

C) If they are guilty

D) Who their lawyer is

44 / 100

Section 109 provides that an appeal shall lie to the Appellate Division from any Judgment, decree or final order if:

A) The value is below 10,000 Taka

B) It is certified to be a fit one for appeal

C) It involves a minor

D) The party wishes to delay the execution

45 / 100

Section 96(3) bars an appeal from a decree passed:

A) With the consent of parties

B) Ex parte

C) In a representative suit

D) By a District Judge

46 / 100

According to Bangladeshi Evidence Act relevancy means strictly admissibility.

A) none of the above

B) partly true

C) False

D) True

47 / 100

X instigates Y to murder Z. Y in pursuance of the instigation stabs Z who recovers from the wound. Which one of the following statement is correct?

A) Y is guilty of attempt to murder and x is guilty of abetment of murder.

B) Y is liable for attempt to murder and X is liable for abetment of attempt to murder.

C) Y is guilty of attempt to murder and X is guilty of no offence

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

48 / 100

Who approves the annual budget of the Bar Council?

A) Executive Committee

B) General Meeting

C) Ministry of Law

D) Finance Committee

49 / 100

A conditional order under Section 133 requires the person to perform an act or to:

A) Surrender to the police

B) Leave the country

C) Pay a fine immediately

D) Appear and move to have the order set aside or modified

50 / 100

Under Section 98, if an appeal is heard by a Bench of two Judges and they differ in opinion on a point of law, what is the procedure?

A) They may state the point of law to be heard by one or more of the other Judges

B) The appeal is dismissed

C) The lower court's decree is reversed

D) It goes to the Appellate Division immediately

51 / 100

Does Section 22(1) apply if a party is added owing to devolution of any interest during the pendency of a suit?

A) Yes

B) Only if it's bankruptcy

C) Only if it's a death

D) No, Section 22(2) explicitly excludes this scenario

52 / 100

A is at work with a hatchet: the head flies off and kills a man who is standing by. What offence is committed by A in this situation?

A) A has committed no offence as it was an accident.

B) A has committed the offence of culpable homicide not amounting to murder.

C) A has committed no offence as use of hatchet was a necessary of his livelihood.

D) A has committed the offence of culpable homicide.

53 / 100

If a person fails to perform the act or show cause, what happens to the conditional order?

A) It is extended by 30 days

B) It shall be made absolute

C) It is dropped

D) It is transferred to a civil court

54 / 100

If a vendor sells unencumbered property but it is mortgaged, the purchaser may compel him to redeem it provided the mortgage:

A) Does not exceed purchase-money

B) Exceeds purchase-money

C) Is in installments

D) Is held by bank

55 / 100

A contracts to sell, and B to buy, 40 chests of indigo. Can this be specifically enforced?

A) No, compensation is adequate

B) Yes, if written

C) Yes, if no other source

D) Yes, indigo is rare

56 / 100

Under Section 113, any Court may state a case and refer the same for the opinion of the:

A) Supreme Court Appellate Division

B) District Court

C) Attorney General

D) High Court Division

57 / 100

If the person denies the public right and the Magistrate finds reliable evidence supporting this denial, the Magistrate must:

A) Stay the proceedings until the matter is decided by a competent Civil Court

B) Fine the person for lying

C) Make the order absolute

D) Demolish the obstruction immediately

58 / 100

The contents of the documents may be proved either by primary evidence or secondary evidence.

A) True

B) partly true

C) none of the above

D) False

59 / 100

How can money be withdrawn from the Bar Council fund?

A) Vice-Chairman's signature

B) Joint signature of Chairman/Vice-Chairman and Secretary

C) Chairman's signature

D) Finance Chairman's signature

60 / 100

Section 89B deals with withdrawal of suit to refer the dispute to:

A) Foreign Courts

B) Conciliation

C) Mediation

D) Arbitration (under Salish Ain, 2001)

61 / 100

X, a woman, who ran to a well stating that she would jump into it, was caught before she could reach it. Which one of the following statements is correct in this regard?

A) She is guilty of attempt to commit culpable homicide as she attempted to kill herself.

B) She is guilty of committing offence of attempt to commit suicide as she categorically declared to do so.

C) She is guilty of no offence as whatever was done by her did not amount to preparation for committing suicide.

D) She is not guilty of an attempt to commit suicide although she intended to do so and prepared to carry out that intention yet she might have changed her mind.

62 / 100

Which of the following is a ground for an order under Section 133?

A) Unlawful obstruction on a public way

B) A dangerous animal

C) All of the above

D) A building likely to fall and cause injury

63 / 100

When were the Bangladesh Legal Practitioners and Bar Council Rules enacted?

A) 1975

B) 1973

C) 1972

D) 1978

64 / 100

A contracts to sell a house and garden. He cannot convey the garden. Can B compel A to convey the house?

A) No, contract is void

B) Yes, if B waives all right to compensation

C) Yes, but find another

D) Yes, with discount

65 / 100

Section 304 of penal code explain:

A) None of the above

B) Punishment for culpable homicide not amounting to murder

C) Punishment for murder by life convict

D) Punishment for culpable homicide amounting to murder

66 / 100

Which section of penal code defines murder?

A) Section 300

B) Section 302

C) Section 299

D) None of the above.

67 / 100

A _____ confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial.

A) Extra-judicial

B) Retracted

C) none of the above

D) Judicial

68 / 100

Admission itself is hearsay evidence.

A) False

B) partly true

C) True

D) none of the above

69 / 100

Which section of penal code deals with homicide by negligence?

A) Section 302 of PENAL CODE

B) Section 307 of PENAL CODE

C) None of the above

D) Section 304A of PENAL CODE

70 / 100

In Section 2(7), what two words are paired together to define "good faith"?

A) Prompt and Accurate

B) Legal and Righteous

C) Due care and attention

D) Honesty and Truth

71 / 100

A scarified his son before his Goddess who according to him appealed him in dreams and asked for the sacrifice. On being charged for murder he set up the plea of unsoundness of mind. Can his plea be sustained?

A) No, because he knew the nature of what he did or what he did was wrong, or contrary to law.

B) Yes, because he was innocent and he had done what he was asked to do by his Goddess.

C) No, because he knew that what he did was wrong and contrary to law.

D) Yes, because he was insane inasmuch as he had no sense of reality.

72 / 100

_____ confession are made in a court of law and recorded by the Magistrate under Section 164 of Cr.P.C.

A) Judicial

B) none of the above

C) Retracted

D) Extra-judicial

73 / 100

A, an author, contracts to complete a literary work for B. B cannot enforce specific performance because:

A) It is revocable

B) Compensation is adequate

C) It depends on personal qualifications

D) It lacks consideration

74 / 100

Oral admissions as to the contents of a documents are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

A) True

B) False

C) partly true

D) none of the above

75 / 100

X knows that Y is suffering from enlarged spleen. H gives Y a first blow which ruptures the spleen and cause his death. X being a doctor knows that a moderate blow on that region would rupture the spleen and is likely to cause Y’s death. What is X guilty of?

A) An offence other than murder or culpable homicide not amounting to murder.

B) Murder as X knew that his act is likely to cause death of Y to whom the injury was inflicted.

C) No offence as the blow would not have caused death of a normal man in ordinary circumstances of the case.

D) Culpable homicide not amounting to murder as X knew that his act is likely to cause death.

76 / 100

According to Section 104(2), no appeal shall lie from any order passed in:

A) Revisional jurisdiction

B) Small causes

C) Original jurisdiction

D) Appeal under this section

77 / 100

Under Section 89A (Mediation), if the parties fail to appoint a mediator within 10 days, the Court shall appoint a mediator from the panel within:

A) 7 days

B) 3 days

C) 15 days

D) 5 days

78 / 100

In which one of the following cases did the Supreme Court of Bangladesh strike down Section 303 of penal code as unconstitutional?

A) Machhi Singh Vs. State of Punjab

B) Santa Singh Vs. State of Punjab.

C) Mithu Vs. State of Punjab.

D) Bachan Singh Vs. state of Punjab.

79 / 100

If the result of mediation is a compromise under Section 89A(5), the Court shall pass an order or a decree within how many days from receiving the report?

A) 30 days

B) 7 days

C) 10 days

D) 14 days

80 / 100

_____ confession are made to any person outside the court, it may be to police, to his friends, enemies, wife, to his neighbour.

A) Retracted

B) Judicial

C) none of the above

D) Extra-judicial

81 / 100

Which of the following is NOT a power of the Appellate Court under Section 107?

A) To frame issues and refer them for trial

B) To remand a case

C) To take additional evidence

D) To execute the decree automatically

82 / 100

What is the pass mark for the High Court permission exam (written)?

A) 45

B) 50

C) 40

D) 60

83 / 100

If a commissioned officer acts independently under Section 131, what must he do once it becomes practicable to communicate with an Executive Magistrate?

A) Declare martial law

B) Do so, and thenceforward obey the Magistrate's instructions

C) Arrest the Magistrate

D) Resign his post

84 / 100

A dying declaration is a weaker kind of evidence. It does not stand on the same footing as any other piece of evidence.

A) False

B) none of the above

C) True

D) partly true

85 / 100

Circumstantial evidence must satisfy the following tests.

A) The circumstances from which an inference of guilt is to be drawn must be cogently and firmly established

B) The circumstances taken collectively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused

C) all the above

D) Those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused

86 / 100

If an appeal period expires on Friday and the court reopens on Sunday, when can the appeal be preferred under Sec 4?

A) Thursday

B) Sunday

C) Next Friday

D) Saturday

87 / 100

Which one of the following is not punishable under the Bangladesh Penal code ?

A) Preparation to commit depredation on the territory of a friendly power.

B) Preparation to commit dacoity.

C) Preparation to wage war against the State.

D) Preparation to commit murder.

88 / 100

X with the intention of causing death of Y instigates a child below 7 years of age to mix poison in the food of Y in the absence of X. Y takes the food and dies. What is X guilty of?

A) Murder

B) Culpable homicide not amounting to murder.

C) No offence

D) Abetment of murder

89 / 100

If two parties of men armed with deadly weapons deliberately enter into an unlawful fight and death takes place:

A) It is murder

B) It is not murder

C) It is homicide

D) None of the above.

90 / 100

A contracts to grant B an under-lease and apply for a license, or pay 10,000 Taka. A refuses to apply. Is B entitled to specific performance?

A) No, contract void

B) Only if B refuses money

C) Yes

D) No, 10,000 Taka is a bar

91 / 100

_____ evidence is known as material evidence also.

A) Direct

B) Substantial

C) Real

D) Circumstantial

92 / 100

Who grants the designation of 'Senior Advocate'?

A) President

B) Ministry of Law

C) Bar Council

D) Chief Justice and Judges of Supreme Court

93 / 100

If the evidence relates to the existence or non-existence of only a relevant fact, it is _____ evidence.

A) Direct

B) Circumstantial

C) Substantial

D) Real

94 / 100

How should an order under Section 133 be served (Section 134)?

A) By email only

B) In the manner provided for service of a summons

C) By throwing it in the yard

D) By a phone call

95 / 100

For an appeal to the Appellate Division under Section 110, if the judgment affirms the decision of the Court immediately below, the appeal must involve:

A) Some substantial question of law

B) Property worth at least 1 lakh Taka

C) A public officer

D) A foreign citizen

96 / 100

Under Section 133, a conditional order for the removal of a nuisance is made by:

A) A District Magistrate or any other Executive Magistrate

B) A civil court judge

C) The High Court

D) A Judicial Magistrate

97 / 100

Under Section 105, if a party does not appeal an order of remand from which an appeal lies, he shall thereafter be:

A) Allowed to file a revision instead

B) Fined 5000 Taka

C) Permitted to dispute it in the final appeal

D) Precluded from disputing its correctness

98 / 100

If the Magistrate is satisfied the order is not reasonable and proper, what happens?

A) The person is fined

B) A new order is issued instantly

C) The order is made absolute anyway

D) No further proceedings shall be taken

99 / 100

If an order cannot be served like a summons, how is it notified?

A) By arresting the person

B) By publishing it internationally

C) By proclamation and sticking a copy at the fittest place

D) It is cancelled

100 / 100

A "Special Case" under Section 90 refers to:

A) A criminal matter

B) An interpleader suit

C) A suit involving a foreign national

D) Persons agreeing in writing to state a case for the opinion of the Court

The average score is 0%

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Bar Council Full Model Test 19 English | 100 Marks 60 Min