Bar Council Full Model Test 02 English

Bar Council Full Model Test 02 (English)

Bangladesh Bar Council Preliminary Full Model Test 02

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

Which of the following persons is NOT exempted from the jurisdiction of criminal courts in Bangladesh?

A) Foreign army on Bangladesh soil with government consent

B) Alien enemies committing acts of war

C) Alien enemy committing a crime unconnected with war (e.g., theft)

D) Foreign Sovereigns

2 / 100

How many classes of Judicial Magistrates are there?

A) Two

B) Five

C) Three

D) Four

3 / 100

An instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight is a:

A) Bond

B) Cheque

C) Bill of exchange

D) Promissory note

4 / 100

Under the law of evidence, the relevant fact

A) must be logically relevant

B) must be legally & logically relevant

C) must be legally & logically relevant and admissible

D) must be legally relevant

5 / 100

Another difference between Section 34 and Section 149 is:

A) Section 34 requires 5 persons, Section 149 requires 2

B) Section 34 requires a pre-arranged plan, Section 149 only requires a common object

C) Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly

D) None of the above

6 / 100

Can a suit under Section 9 be brought against the Government?

A) No

B) Only in special tribunals

C) Yes, always

D) Yes, with permission

7 / 100

Section 8 deals with the recovery of:

A) Lost documents

B) Liquidated damages

C) Specific immoveable property

D) Specific moveable property

8 / 100

A Korean national commits murder of an English lady on a Bangladesh Airlines plane during a flight.

A) He can only be prosecuted in Korea

B) He can be tried either in Korea or England

C) He cannot be prosecuted in Bangladesh

D) He can be prosecuted in Bangladesh wherever found

9 / 100

For the purposes of this Code, every sessions division shall be a district or consist of:

A) Upazilas

B) Wards

C) Police-stations

D) Districts

10 / 100

The Government shall ensure that the area of a Upazila is identical with the local area included in a:

A) Ward

B) Police Station

C) District

D) Division

11 / 100

Section 10 allows the recovery of:

A) Real estate

B) Goodwill

C) Specific moveable property

D) Unregistered land

12 / 100

Which of the following brings out the distinction between Section 34 and Section 149 of the Penal Code?

A) Both create specific offences

B) Neither creates specific offences

C) Section 34 creates a specific offence whereas Section 149 does not

D) Section 149 creates a specific offence whereas Section 34 does not

13 / 100

Which of the following documents are not admissible in evidence

A) both (a) & (b)

B) neither (a) nor (b)

C) documents procured by illegal means

D) documents improperly procured

14 / 100

How many members are elected from general seats by the votes of advocates nationwide?

A) 8 members

B) 6 members

C) 7 members

D) 5 members

15 / 100

According to Section 12, what does the Court presume regarding the breach of a contract to transfer immoveable property?

A) It can be adequately relieved by compensation in money

B) It is always void

C) It can be resolved by arbitration only

D) It cannot be adequately relieved by compensation in money

16 / 100

Section 26(2) states that in every plaint, facts shall be proved by:

A) Affidavit

B) Police verification

C) Oral testimony alone

D) Government gazette

17 / 100

Under Section 24, who has the general power to transfer and withdraw suits?

A) The High Court Division or the District Court

B) The Government

C) The Court of Small Causes

D) The Supreme Court only

18 / 100

Propositions under Evidence Act are: Presumptions of facts are always rebuttable... (full)

A) I & IV are correct but II & III are incorrect

B) II & IV are correct but I & III are incorrect

C) II & III are correct but I & IV are incorrect

D) I & III are correct but II & IV are incorrect

19 / 100

Members of the Bangladesh Judicial Service are appointed as Sessions Judges in accordance with rules framed by the President under which Article of the Constitution?

A) Article 133

B) Article 140

C) Article 109

D) Article 100

20 / 100

To constitute the offence of criminal conspiracy, what is the necessary condition to be proved?

A) Committing a crime on sudden provocation

B) Doing an illegal act with the help of others

C) An agreement of two or more persons to do an illegal act (or a legal act by illegal means)

D) A prior meeting of two or more persons

21 / 100

According to Section 2(8), "plaintiff" includes:

A) The defendant

B) The court clerk

C) Only the person filing the suit

D) Any person from or through whom a plaintiff derives his right to sue

22 / 100

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

A) A trust

B) A civil law

C) A penal law

D) A contract

23 / 100

Under Section 9, a person can file a suit if he is dispossessed of immoveable property:

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

B) By a lawful court order

C) With his consent

D) After selling the property

24 / 100

A decree may be executed by (Section 38):

A) The Court which passed it, or the Court to which it is sent for execution

B) Only the Court which passed it

C) Only the High Court Division

D) The Police Station of the local jurisdiction

25 / 100

Under Section 32, what is the maximum fine a Court can impose to compel the attendance of a witness?

A) 500 Taka

B) 100 Taka

C) 5000 Taka

D) 1000 Taka

26 / 100

The liability of a legal representative in executing a decree is limited to:

A) His personal property

B) Unlimited liability

C) Half of the decree amount

D) The extent of the property of the deceased which has come to his hands

27 / 100

Under Section 2(7), nothing shall be deemed to be done in "good faith" which is not done with:

A) Honest intentions

B) Proper documentation

C) Due care and attention

D) Legal consultation

28 / 100

Functions that are administrative or executive in nature, such as granting or cancelling a licence, shall be exercisable by a/an:

A) Executive Magistrate

B) Sessions Judge

C) Judicial Magistrate

D) Public Prosecutor

29 / 100

Relevancy is

A) question of law and can be raised at any time

B) question of procedure which can be waived

C) question of law which can be waived

D) question of law but can be raised at the first opportunity

30 / 100

What is the maximum duration an attachment under a "precept" shall continue without an extension order (Section 46)?

A) Six months

B) One year

C) One month

D) Two months

31 / 100

All offences under the Penal Code shall be investigated, inquired into, and tried according to:

A) The Evidence Act

B) The Police Act

C) The Civil Procedure Code

D) The provisions of the Code of Criminal Procedure

32 / 100

Who has the power to alter the limits or the number of sessions divisions and districts?

A) The Government

B) The High Court Division

C) The Supreme Court

D) The District Magistrate

33 / 100

Motives, of preparation and conduct are relevant

A) under section 7 of Evidence Act

B) under section 9 of Evidence Act

C) under section 6 of Evidence Act

D) under section 8 of Evidence Act

34 / 100

Under Section 34 of the Penal Code:

A) None of the above

B) Physical presence is always necessary

C) Physical presence is never necessary

D) Physical presence is necessary for participation but not in all cases (e.g., waiting outside)

35 / 100

Standard of proof in

A) civil and criminal cases is the same

B) criminal case is lower than in civil cases

C) either (a) or (c) are correct

D) criminal cases is much more higher than in civil cases

36 / 100

Is a wrong-doer in possession without title considered a "trustee" under the Act?

A) No

B) Yes, always

C) Depends on the court's discretion

D) Yes, if possession is over 12 years

37 / 100

Which statement regarding Section 34 and Section 149 of the Penal Code is correct?

A) Both are distinct offences in themselves

B) Common intention and common object are the same

C) Section 34 enunciates a principle of liability while Section 149 creates a specific offence

D) They are mutually helping sections

38 / 100

Common intention within the meaning of Section 34 means:

A) A pre-arranged plan, prior meeting of minds, and prior consultation

B) Merely having similar mens rea

C) A desire to commit a criminal act without contemplating consequences

D) Evil intention of many persons to commit the same act

39 / 100

Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship & identity of parties are relevant

A) under section 8 of Evidence Act

B) under section 11 of Evidence Act

C) under section 9 of Evidence Act

D) under section 10 of Evidence Act

40 / 100

Under section 8 of Evidence Act

A) motive is relevant

B) conduct is relevant

C) all the above

D) preparation is relevant

41 / 100

Who has the power to divide a district into Upazilas?

A) The High Court

B) The District Magistrate

C) The Chief Judicial Magistrate

D) The Government

42 / 100

Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant

A) under section 7 of Evidence Act

B) under section 6 of Evidence Act

C) under section 9 of Evidence Act

D) under section 8 of Evidence Act

43 / 100

How many members are elected based on local bar associations (groups)?

A) 11 members

B) 7 members

C) 9 members

D) 5 members

44 / 100

What kind of right to present possession is sufficient to support a suit under Section 10?

A) Voidable rights

B) A special or temporary right

C) Absolute ownership only

D) Future inheritance rights

45 / 100

In every district and Metropolitan Area, the Government shall appoint one of the Executive Magistrates to be the:

A) Sessions Judge

B) Public Prosecutor

C) Chief Judicial Magistrate

D) District Magistrate

46 / 100

What is the maximum compensatory cost a Court can award for false or vexatious claims under Section 35A?

A) 50,000 Taka

B) 10,000 Taka

C) 1,00,000 Taka

D) 25,000 Taka

47 / 100

A fact forming part of the same transaction is relevant under section 6 of Evidence Act

A) though not in issue, must have occurred at the same time & place

B) if it is in issue and may have occurred at different times & places

C) though not in issue and may have occurred at the same time & place or at different times & places

D) if it is in issue and have occurred at the same time & place

48 / 100

Which section of the CPC (English) deals with the award of "Interest"?

A) Section 30

B) Section 32

C) Section 34

D) Section 36

49 / 100

X and Y independently entertain the idea to kill Z. They separately inflict wounds on Z, who dies. Are X and Y liable for murder under Section 34?

A) Yes, because their acts resulted in Z's death

B) Yes, because they both wanted to kill Z

C) No, because there was no common intention or pre-arranged plan

D) Yes, because it was a joint act

50 / 100

Common intention under Section 34 implies:

A) Presence of common knowledge

B) Pre-arranged planning (meeting of minds)

C) Similar intention

D) None of the above

51 / 100

A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by:

A) The Penal Code

B) The Code of Civil Procedure

C) The Registration Act

D) The Contract Act

52 / 100

When a judgment-debtor dies before the decree is fully satisfied, it may be executed against (Section 50):

A) His legal representative

B) His friends

C) The Government

D) The Court

53 / 100

Section 34 of the Penal Code:

A) Is a rule of evidence

B) Creates a substantive offence

C) Both (a) and (b)

D) Neither (a) nor (b)

54 / 100

For the purpose of making an arrest in execution of a decree, a dwelling-house shall NOT be entered (Section 55):

A) Before 8 AM

B) On a weekend

C) After sunset and before sunrise

D) Without a police escort

55 / 100

Functions that involve the appreciation or sifting of evidence and exposes a person to punishment shall be exercisable by a/an:

A) Police Officer

B) Upazila Nirbahi Officer

C) Executive Magistrate

D) Judicial Magistrate

56 / 100

According to Section 2(10), "suit" does not include:

A) A plaint

B) An appeal or application

C) A trial

D) A civil proceeding

57 / 100

"Public Prosecutor" includes any person acting under the directions of a:

A) Attorney-General

B) Police Officer

C) Magistrate

D) Public Prosecutor

58 / 100

Persons appointed as Assistant Commissioners, Additional Deputy Commissioners, or Upazila Nirbahi Officers shall be:

A) Special Magistrates

B) Judicial Magistrates

C) Metropolitan Magistrates

D) Executive Magistrates

59 / 100

For the purposes of this Code, a Metropolitan Area shall be deemed to be a:

A) Police-station

B) District

C) Sessions division

D) Upazila

60 / 100

When a criminal act is done by several persons in furtherance of common intention, each is liable:

A) Only for the part each has done

B) For attempt only

C) As if it was done by each one of them in a singular capacity

D) For abetment only

61 / 100

For the application of Section 34, there must be at least:

A) Three persons

B) Seven persons

C) Five persons

D) Two persons

62 / 100

Under section 9 of Evidence Act

A) the identification parades of chattels are relevant

B) both (a) & (b) are relevant

C) only (a) & not (b) is relevant

D) the identification parades of suspects are relevant

63 / 100

Under Section 48, execution of a decree (not granting an injunction) is generally barred after the expiration of:

A) 3 years

B) 20 years

C) 12 years

D) 6 years

64 / 100

According to Section 4A, a reference to a Magistrate without any qualifying word shall be construed as a reference to a:

A) Metropolitan Magistrate

B) Judicial Magistrate

C) Executive Magistrate

D) District Magistrate

65 / 100

The facts which form part of the same transaction are relevant

A) under section 7 of Evidence Act

B) under section 5 of Evidence Act

C) under section 8 of Evidence Act

D) under section 6 of Evidence Act

66 / 100

Which situation reflects the correct ingredient of common intention under Section 34?

A) The weapon was supplied on sale without knowledge of the crime

B) A procured the weapon voluntarily to aid the criminal gang

C) The weapon was found in A's house

D) A was compelled under threat to life to procure the weapon

67 / 100

Under Section 2(11), which of the following is NOT a "trustee"?

A) A legally appointed guardian

B) An express trustee

C) A manager of a religious endowment

D) A benamider

68 / 100

How is the Vice-Chairman of the Bar Council elected?

A) Appointed by Chief Justice

B) Elected by members among themselves

C) Nominated by Attorney General

D) Nominated by Govt

69 / 100

Who makes the partition of an undivided estate assessed to the payment of revenue to the Government (Section 54)?

A) The Attorney General

B) The Civil Court Judge

C) The High Court Division

D) The Collector or his deputed gazetted subordinate

70 / 100

To establish liability under Section 34 of the Penal Code:

A) None of the above

B) Only the overt act must be proved

C) Only common intention must be proved

D) Both common intention and an overt act must be proved

71 / 100

What is the general term of the Bangladesh Bar Council?

A) 2 years

B) 5 years

C) 4 years

D) 3 years

72 / 100

If the decree is for the payment of a sum of money NOT exceeding fifty Taka, the detention period is:

A) Six months

B) Six weeks

C) Three months

D) Two months

73 / 100

The Court to which a decree is sent for execution must (Section 41):

A) Send it back immediately

B) Retrial the entire case

C) Ask the Government for permission

D) Certify to the Court which passed it the fact of execution or failure

74 / 100

Besides the Supreme Court and other specially constituted Courts, how many classes of Criminal Courts are there in Bangladesh?

A) One

B) Two

C) Three

D) Four

75 / 100

What is the consequence of instituting a suit after the prescribed period of limitation?

A) It depends on the defendant's plea

B) It shall be accepted with a fine

C) It shall be dismissed

D) It shall be stayed

76 / 100

When a criminal act is done by several persons in furtherance of the common intention of all:

A) Each person is liable according to their degree of guilt

B) Each person is liable only for their specific act

C) None of the above

D) Each person is liable for that act in the same manner as if it were done by him alone

77 / 100

In ordinary cases, when is a suit instituted?

A) When court fees are paid

B) When the defendant is served a notice

C) When the judge hears the case

D) When the plaint is presented to the proper officer

78 / 100

The Court of Session for a Metropolitan Area shall be called the:

A) Supreme Court

B) Chief Judicial Court

C) Metropolitan Court of Session

D) City Sessions Court

79 / 100

For conduct to be relevant under section 8 of Evidence Act, it

A) must be subsequent

B) only subsequent & not previous

C) may be either previous or subsequent

D) must be previous

80 / 100

If the decree is for the payment of a sum of money exceeding fifty Taka, the detention period in civil prison shall be (Section 58):

A) Three months

B) One year

C) Six weeks

D) Six months

81 / 100

If the defense does not set up limitation as a defense, what must the court do to a time-barred suit?

A) Issue a show-cause notice

B) Dismiss it

C) Ask the plaintiff for an explanation

D) Accept it

82 / 100

Which of the following is an INCORRECT requirement for joint liability under Section 34?

A) It implies a pre-arranged plan

B) The act must be in furtherance of the common intention

C) Persons sharing common intention may or may not participate in the act

D) A criminal act must be done by several persons

83 / 100

A Magistrate of the first class in a Metropolitan area shall be known as a:

A) District Magistrate

B) Executive Magistrate

C) Metropolitan Magistrate

D) Chief Judicial Magistrate

84 / 100

If the office of a District Magistrate becomes vacant, who temporarily exercises their powers?

A) The Sessions Judge

B) The Chief Judicial Magistrate

C) The officer succeeding temporarily to the chief executive in the administration of the district

D) The Superintendent of Police

85 / 100

Question of mode of proof is

A) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity

B) a question of law which can be raised at any time

C) a question of procedure & can be raised at any time

D) a mixed question of law & fact

86 / 100

Which of the following is true regarding a suit instituted under Section 9?

A) Both appeal and review are allowed

B) An appeal shall lie from the order

C) No appeal shall lie, nor shall any review be allowed

D) A review is allowed

87 / 100

How many classes of Magistrates are there in Bangladesh?

A) Four

B) Two

C) Five

D) Three

88 / 100

Under Section 51, a decree for the payment of money shall NOT be executed by detention in prison unless the Court is satisfied that:

A) The judgment-debtor is likely to abscond

B) The judgment-debtor dishonestly transferred property

C) The judgment-debtor has the means to pay but refuses or neglects to pay

D) All of the above

89 / 100

Who has the primary responsibility to maintain the roll of advocates?

A) Local Bar Associations

B) Supreme Court

C) Bar Council

D) Ministry of Law

90 / 100

According to Section 26, how is every civil suit instituted?

A) By the presentation of a plaint or as prescribed

B) By a police report

C) By an oral application

D) By issuing a summons

91 / 100

When is a suit instituted in the case of a pauper?

A) When the plaint is presented

B) When the court grants leave

C) When the defendant appears

D) When his application for leave to sue as a pauper is made

92 / 100

Who establishes a Court of Session for every sessions division?

A) The Government

B) The District Magistrate

C) The Chief Justice

D) The High Court Division

93 / 100

According to Section 56, the Court shall NOT order the arrest or detention in civil prison of whom in execution of a money decree?

A) Any person above 60 years of age

B) A foreign national

C) Any government officer

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

94 / 100

If an application is not filed within the time fixed by the Court, it shall not be admitted without payment of cost up to (Section 35B):

A) 1,000 Taka

B) 3,000 Taka

C) 5,000 Taka

D) 2,000 Taka

95 / 100

Which of the following persons is NOT exempted from the jurisdiction of criminal courts in Bangladesh?

A) The Prime Minister of Bangladesh

B) Foreign Ambassadors

C) Foreign Diplomats

D) The President of Bangladesh

96 / 100

What is a key difference between Section 34 and Section 149?

A) Section 34 requires at least five persons, Section 149 requires two

B) Section 34 requires active participation, Section 149 requires mere membership of an unlawful assembly

C) Section 34 does not need to be joined with a principal offence

D) Section 149 is a rule of evidence, Section 34 creates a specific offence

97 / 100

Under Section 11, a person having possession of an article of moveable property, of which he is not the owner, may be compelled to deliver it to the person entitled to immediate possession when:

A) Compensation in money would afford adequate relief

B) The property is easily replaceable

C) The thing is held by the defendant as the agent or trustee of the claimant

D) The property has no real value

98 / 100

Presumptions under the law of evidence are

A) presumptions of law

B) presumption of facts

C) only (b) & not (a)

D) both (a) & (b)

99 / 100

Common intention essentially requires:

A) Similar intention

B) None of the above

C) Same knowledge

D) Pre-arranged planning and prior meeting of minds

100 / 100

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

A) Lands and houses

B) Bank-notes and cheques

C) Shares in a corporation

D) Tools of artisans and necessary wearing-apparel

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Bar Council Full Model Test 02 English | 100 Marks 60 Min