Bar Council Full Model Test 21 English

Bar Council Full Model Test 21 (English)

Bangladesh Bar Council Preliminary Full Model Test 21

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

Orders made under Section 147 are subject to:

A) A public referendum

B) The Mayor's veto

C) Approval by the police

D) Any subsequent decision of a Civil Court of competent jurisdiction

2 / 100

Under Order I, Rule 5, is it necessary that every defendant shall be interested as to all the reliefs claimed in any suit against him?

A) Yes, it is mandatory

B) No, it shall not be necessary

C) Yes, but only in suits for immoveable property

D) Yes, unless the court orders otherwise

3 / 100

According to Order III, Rule 1, any appearance, application or act in or to any Court may be made or done by:

A) The recognized agent only

B) The party in person, his recognized agent, or by a pleader

C) The pleader only

D) The party in person only

4 / 100

If removed from practice for life, can an advocate reapply?

A) Yes, after 3 years

B) No, never again

C) With permission

D) Yes, after 5 years

5 / 100

Culpable homicide has been defined under:

A) Section 302 of the Penal Code

B) None of the above

C) Section 299 of the Penal Code

D) Section 300 of the Penal Code

6 / 100

Under Section 26(e), a plaintiff cannot obtain specific performance without variation if the parties have subsequently:

A) Registered it

B) Ignored it

C) Contracted to vary it

D) Lost the document

7 / 100

According to Order I, Rule 1 of the CPC (English), who may be joined as plaintiffs in one suit?

A) Persons having a right to relief arising out of the same act or transaction where a common question of law or fact would arise

B) Persons having a right to relief arising out of different acts without common questions of law

C) Any persons irrespective of their interest

D) Only persons who have a joint interest in the property

8 / 100

During a fight between two ladies, A and B, A pulls B by the hair and removes some of her hair. A is guilty of the offence of causing:

A) None of the above

B) Simple hurt by a rash and negligent act

C) Grievous hurt (dislocation of a tooth or bone, or equivalent permanent damage - hair removal might be argued as simple hurt, but based on the provided answer key)

D) Simple hurt

9 / 100

Under Section 8 of the Evidence Act-

A) all the above

B) motive is relevant

C) conduct is relevant

D) preparation is relevant

10 / 100

Under Section 25, a contract cannot be specifically enforced in favour of a vendor who cannot give a title:

A) In writing

B) Free from reasonable doubt

C) Approved by police

D) Within 24 hours

11 / 100

Section 147 deals with disputes regarding:

A) Ownership title

B) Any alleged right of user of any land or water (like an easement)

C) Bank accounts

D) Movable property like cars

12 / 100

"Defendant" under Section 2(4) includes:

A) Any person from or through whom a defendant derives his liability to be sued

B) The court official

C) Only the person originally sued

D) The plaintiff's lawyer

13 / 100

Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 6

B) Section 9

C) 7

D) 8

14 / 100

According to Order V, Rule 1(1), when a suit has been duly instituted, a summons shall be issued to the defendant within how many working days from the date of filing the suit?

A) Seven working days

B) Three working days

C) Ten working days

D) Five working days

15 / 100

X obtains property from Z by saying, "Your child is in the hands of my gang and will be put to death unless you send us ten lakh rupees." X commits:

A) Criminal breach of trust

B) Robbery

C) Extortion

D) Theft

16 / 100

A reversioner in possession may obtain specific performance where the agreement is a covenant with his predecessor and:

A) Property is moveable

B) He is related

C) Unregistered

D) He is entitled to the benefit of such covenant

17 / 100

Adultery is defined as:

A) Sexual intercourse with an unmarried woman

B) None of the above

C) Sexual intercourse with the wife of another man, with the consent or connivance of that man

D) Sexual intercourse with a person whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such intercourse not amounting to rape

18 / 100

A contracts to sell B a house and garden. A fells the ornamental trees without consent. Can A enforce specific performance?

A) No

B) Yes

C) Yes, if plants new

D) Yes, if reduces price

19 / 100

If a Magistrate finds a right of user exists under Section 147, he may make an order:

A) Charging a toll fee

B) Prohibiting any interference with the exercise of such right

C) Forcing the owner to sell

D) Cancelling the right

20 / 100

What is the short title of the Act?

A) The Bangladesh Limitation Act, 1908

B) The Suits and Limitation Act, 1908

C) The Limitation Act, 1908

D) The Limitation Act, 1909

21 / 100

According to Order I, Rule 13, all objections on the ground of nonjoinder or misjoinder of parties shall be taken:

A) At the time of final argument

B) Only during the appeal

C) At the earliest possible opportunity

D) Whenever the defendant wishes

22 / 100

When attaching property under Section 146, the Magistrate may appoint a:

A) Prosecutor

B) New owner

C) Receiver

D) Jury

23 / 100

A fact forming part of the same transaction is relevant under Section 6 of the Evidence Act though not in issue and may have occurred at the same time and place or at different times and places

A) none of the above

B) partly true

C) False

D) True

24 / 100

Under Section 2(2), a "bill of exchange" includes:

A) A promissory note

B) A contract

C) A hundi and a cheque

D) A bond

25 / 100

An order under Section 147 protecting a right exercisable at all times of the year can only be made if the right was exercised within what period before the inquiry?

A) 1 month

B) 1 year

C) 3 months

D) 6 months

26 / 100

Assault cannot be caused by:

A) Mere words

B) Mere preparation

C) Mere gestures

D) None of the above

27 / 100

Do the costs under Section 148 include expenses for witnesses and advocate fees?

A) Yes, which the Court considers reasonable

B) No, only court fees

C) Only advocate fees, not witness expenses

D) Only witness expenses, not advocate fees

28 / 100

Under Order II, Rule 2(1), every suit shall include:

A) Claims from previous lawsuits

B) Claims that belong to third parties

C) The whole of the claim which the plaintiff is entitled to make in respect of the cause of action

D) Only the primary claim

29 / 100

An attachment under Section 146 lasts until:

A) A competent Court has determined the rights of the parties or the person entitled to possession

B) The police finish their investigation

C) 2 months have passed

D) The end of the year

30 / 100

The principle of proximity to crime under criminal law is irrelevant while deciding the liability for the offences of:

A) Culpable homicide and murder

B) Kidnapping and abduction

C) Theft and dacoity

D) Abetment and conspiracy

31 / 100

Retaining client's money and not accounting for it is what type of offense?

A) Criminal breach of trust & misconduct

B) Moral error

C) Admin error

D) Civil offense

32 / 100

Within how many days must pupillage intimation be submitted to the Bar Council?

A) 45 days

B) 15 days

C) 30 days

D) 60 days

33 / 100

A and B are joint tenants. A contracts to sell his moiety to C and dies. Can C enforce specific performance against B?

A) No

B) Only if B is A's heir

C) Only if partitioned

D) Yes

34 / 100

Consider the following statements: 1. Five or more persons assembled where one killed A. 2. A and B, enemies of C, decided distinctly to kill C. A killed C while B was present. 3. Presence of a participant in a prearranged plan is not necessary at the time of the actual commission. 4. Privity of mind of all accused is essential for a crime. Which are correct?

A) 1, 2, and 4 are correct

B) 2, 3, and 4 are correct

C) 1, 2, and 3 are correct

D) 1, 3, and 4 are correct

35 / 100

An instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, is called a:

A) Bond

B) Bill of exchange

C) Promissory note

D) Cheque

36 / 100

Under Order I, Rule 2, if it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial, the Court may:

A) Fine the plaintiffs

B) Put the plaintiffs to their election or order separate trials

C) Return the plaint to the plaintiffs

D) Dismiss the suit immediately

37 / 100

A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible under Section _____ of the Bangladeshi Evidence Act.

A) 15

B) none of the above

C) 12

D) 30

38 / 100

A right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another is an:

A) Easement

B) Agreement

C) Ownership

D) Tenancy

39 / 100

On what date did the rest of the Limitation Act, 1908 come into force?

A) First day of January, 1909

B) First day of July, 1908

C) First day of July, 1909

D) First day of January, 1908

40 / 100

Who may be joined as defendants in one suit under Order I, Rule 3?

A) Persons against whom different plaintiffs have different causes of action

B) Only government officials

C) Persons residing in the same jurisdiction

D) Persons against whom any right to relief in respect of the same act or transaction is alleged to exist

41 / 100

Illicit intercourse implies:

A) Sexual intercourse between two persons not united by marriage

B) Rape

C) Both (a) and (b)

D) None of the above

42 / 100

X instigates Y to commit the murder of Z. Y, in consequence, stabs Z, but Z survives the wound. X is guilty of:

A) Abetment of attempt to murder

B) Abetment of murder

C) Murder

D) Attempt to murder

43 / 100

According to Section 2(1), "applicant" includes:

A) The legal representative of the defendant

B) Any person from or through whom an applicant derives his right to apply

C) The presiding judge

D) Only the person submitting the application

44 / 100

A contracts to sell B an estate A knows belongs to C. Even if C confirms, A cannot enforce specific performance because:

A) It was oral

B) B withdrew

C) C is not party

D) He knew himself not to have title

45 / 100

Under Section 9 of the Evidence Act the identification parades of-

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

B) chattels are relevant

C) suspects are relevant

D) none of the above

46 / 100

Evidence under the Bangladeshi Evidence Act includes-

A) ocular evidence

B) documentary evidence

C) both ocular and documentary evidence

D) ocular evidence based on documents only

47 / 100

A contracts to sell B a house and become tenant. A becomes insolvent. Can he or his assignee enforce specific performance?

A) Only if B agrees

B) Only assignee

C) No

D) Yes

48 / 100

How many marks are deducted for each wrong answer in the MCQ exam?

A) 0.5

B) 0.75

C) No negative marking

D) 0.25

49 / 100

When a Magistrate decides a party is entitled to possession under Section 145, he issues an order forbidding disturbance until the party is:

A) Willing to sell the property

B) Arrested for another crime

C) Dead

D) Evicted in due course of law

50 / 100

Recognized agents of parties by whom appearances, applications and acts may be made or done include:

A) A police officer

B) Any relative of the party

C) Any friend of the party

D) Persons holding powers-of-attorney

51 / 100

A shot B intending to kill him. While B was being taken to the hospital, a tree fell on B, and B died days later. If the falling tree caused B's death, then:

A) A is not liable to pay compensation

B) A shall be responsible for the death of B (if the initial wound was a substantial cause)

C) None of the above is correct

D) The falling tree has broken the chain of causation, making A liable only for attempt

52 / 100

In Section 106, which of the following offences does NOT trigger a bond for keeping the peace?

A) Any offence involving a breach of the peace

B) Criminal intimidation

C) Assault

D) Offences punishable under Sec 143, 149, 153A, 154 IPC

53 / 100

The facts which form part of the same transaction are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 9

B) 7

C) 6

D) 8

54 / 100

According to Order I, Rule 8, where there are numerous persons having the same interest in one suit, one or more of such persons may sue or be sued on behalf of all:

A) With the permission of the Government

B) Without any permission

C) With the permission of the Attorney General

D) With the permission of the Court

55 / 100

A, B and C contract a bond to D for 1,000 "each". They intended a joint bond for 1,000. D can obtain performance only with:

A) 3000 Taka total

B) 1000 each

C) A new contract

D) The variation thus set up

56 / 100

Under Order V, Rule 2, every summons shall be accompanied by:

A) A copy of the plaint or a concise statement

B) A list of witnesses

C) A copy of the written statement

D) The court fee receipt

57 / 100

According to Section 2(6), "foreign country" means:

A) Any country other than Bangladesh

B) Neighboring countries only

C) Any country outside Asia

D) Countries without a bilateral treaty

58 / 100

Presumptions under the law of evidence are

A) presumptions of facts

B) none of the above

C) both (a) & (b)

D) presumptions of law

59 / 100

According to Order II, Rule 3, a plaintiff may unite in the same suit:

A) Causes of action from different jurisdictions unconditionally

B) Several causes of action against the same defendant

C) Causes of action of different plaintiffs against different defendants

D) Several causes of action against different defendants not jointly liable

60 / 100

Under Order IV, Rule 2, the Court shall cause the particulars of every suit to be entered in a book called the:

A) Diary of the Court

B) Case Book

C) Register of civil suits

D) Suit Ledger

61 / 100

Under Section 146, when may a Magistrate attach the subject of dispute?

A) If he is unable to satisfy himself as to which party was in possession

B) If he decides none of the parties was in possession

C) If the parties are wealthy

D) Both A and B

62 / 100

Fact in issue means the fact, existence or non-existence of which is-

A) not disputed by the parties

B) none of the above

C) admitted by the parties

D) disputed by the parties

63 / 100

Does Section 145 derogate the powers of the Magistrate to proceed under Section 107 (security for keeping the peace)?

A) Only in Metro areas

B) Yes

C) Only if the parties agree

D) No

64 / 100

Under Explanation I to Section 14 of the Evidence Act-

A) evidence of general disposition, habit or tendencies is inadmissible

B) evidence having a distinct and immediate reference to the particular matter in question is admissible

C) both (a) & (b) are incorrect

D) both (a) & (b) are correct

65 / 100

If a party to a proceeding under Section 145 dies, what happens?

A) The other party wins automatically

B) The proceeding stops completely

C) The property is given to the government

D) The Magistrate may cause the legal representative to be made a party and continue

66 / 100

According to Order V, Rule 4, no party shall be ordered to appear in person unless he resides:

A) Anywhere in the country

B) Abroad

C) Within 500 miles of the Court

D) Within the local limits of the Court's ordinary original jurisdiction

67 / 100

According to Order II, Rule 2(2), if a plaintiff intentionally relinquishes any portion of his claim, can he afterwards sue in respect of the portion so relinquished?

A) Yes, with the permission of the court

B) No, he shall not afterwards sue in respect of the portion omitted or relinquished

C) Yes, if the defendant agrees

D) Yes, in a different court

68 / 100

Which sections of the Limitation Act, 1908 came into force at once?

A) Sections 1 and 2

B) Only Section 1

C) Sections 1 and 31

D) Sections 3 and 5

69 / 100

Under Order I, Rule 9, no suit shall be defeated by reason of:

A) Lack of cause of action

B) Non-payment of court fees

C) Misjoinder or nonjoinder of parties

D) Filing in the wrong court

70 / 100

Who decides who shall pay the costs of proceedings under Chapter XII (Sections 145-147)?

A) The Civil Court

B) The Magistrate passing the decision

C) The Government

D) The Police

71 / 100

Under Section 148, if a local inquiry is necessary, a District Magistrate may:

A) Ask the military to do it

B) Do it himself only

C) Hire a private detective

D) Depute any Magistrate subordinate to him to make the inquiry

72 / 100

A, intending to kill her husband, purchased what she thought was poison from a chemist who mistakenly gave her plain sugar. She served it in tea. Her husband drank it and did not die. Is she guilty of attempt to murder?

A) She is liable because she committed the penultimate act

B) She is not liable because her husband did not die

C) She is liable because her intention to kill her husband is clear from the totality of acts (factual impossibility is generally not a defence for attempt)

D) She is not liable because administering sugar is not a step towards murder

73 / 100

Can an advocate handle a case where they have a personal financial interest?

A) Yes

B) With client consent

C) No, it violates conduct

D) In civil cases

74 / 100

Which of the following correctly identifies the remedies available to the victim in case of false imprisonment?

A) Injunction, abatement, action for damages

B) Self-help, habeas corpus, action for damages

C) Self-help, abatement, action for damages

D) Habeas corpus, action for damages, injunction

75 / 100

Relevancy is question of law which can be-

A) none of the above

B) raised at any time

C) raised at the first opportunity

D) waived

76 / 100

If a Civil Court subsequently appoints a receiver for the attached property, the Magistrate's receiver must:

A) Make over possession to the Civil Court receiver and be discharged

B) Ignore the Civil Court

C) Share possession

D) Fight the Civil Court receiver

77 / 100

Specific performance may be enforced against any person claiming under a title prior to the contract, if it:

A) Is absolute

B) Held by government

C) Might have been displaced by the defendant

D) Is registered

78 / 100

Things said or done by a conspirator in reference to the common design is relevant under Section _____ of the Bangladeshi Evidence Act.

A) 12

B) 10

C) 6

D) 8

79 / 100

Alibi is governed by Section _____ of the Bangladeshi Evidence Act.

A) 11

B) 6

C) 8

D) 12

80 / 100

Dowry death describes a situation that falls under:

A) None of the above

B) A specific offence distinct from murder, often treated similarly to culpable homicide not amounting to murder

C) Culpable homicide

D) Murder

81 / 100

A contracts to sell land to B. A becomes a lunatic and C is his committee. Can B specifically enforce against C?

A) Only if A recovers

B) Yes

C) Only if C agrees

D) No

82 / 100

Self-regarding' statements can be-

A) self-serving statements

B) none of the above

C) self-serving or self-harming statements

D) self-harming statements

83 / 100

To which territory does the Limitation Act, 1908 extend?

A) Only to specific divisions

B) Outside Bangladesh

C) To urban areas only

D) To the whole of Bangladesh

84 / 100

In Section 107, a Magistrate requires a person to "show cause". What does this mean?

A) Prove they are innocent of a crime

B) Explain why they should not be ordered to execute a bond

C) Explain why they should not go to jail

D) Show their ID

85 / 100

Can a Magistrate withdraw an attachment under Section 146?

A) Only after 5 years

B) Yes, if he is satisfied there is no longer any likelihood of a breach of the peace

C) No

D) Only with Supreme Court approval

86 / 100

Under Order II, Rule 4, no cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of:

A) Intellectual property

B) Money

C) Moveable property

D) Immoveable property

87 / 100

The essential ingredient of the offence of rape is sexual intercourse:

A) Without her consent

B) None of the above

C) Against her will

D) Both (a) and (b) (or under other specified circumstances like coercion/fraud)

88 / 100

Grave & sudden provocation is a:

A) Question of fact

B) Question of law

C) None of the above

D) Mixed question of fact and law

89 / 100

If the property subject to dispute is a crop subject to speedy and natural decay, the Magistrate may:

A) Order immediate consumption

B) Give it to the police

C) Let it rot

D) Make an order for its proper custody or sale

90 / 100

Which of the following constitute grievous hurt?

A) Emasculation

B) Permanent disfiguration of the head or face

C) Privation of any member or joint

D) All of the above

91 / 100

Under Order IV, Rule 1, every suit shall be instituted by:

A) Presenting a plaint to the Court or such officer as it appoints

B) Making an oral request

C) Filing a police complaint

D) Writing a letter to the judge

92 / 100

In kidnapping from lawful guardianship, the consent of the minor is:

A) Partly immaterial

B) Wholly immaterial

C) None of the above

D) Wholly material

93 / 100

Question of mode of proof is a question of-

A) procedure which can be raised at any time

B) law which can be raised at any time

C) procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity

D) none of the above

94 / 100

Murder has been defined under:

A) Section 299 of the Penal Code

B) Section 302 of the Penal Code

C) None of the above

D) Section 300 of the Penal Code

95 / 100

The punishment for Dowry death is:

A) Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life

B) Not less than three years

C) Not less than seven years and in rare circumstances may extend to a death sentence

D) Not less than five years

96 / 100

Culpable homicide not amounting to murder is punishable with:

A) Imprisonment for life only

B) Imprisonment for life, or imprisonment for a term which may extend to ten years, and fine

C) None of the above

D) Death

97 / 100

Under Section 106, the sum of the bond ordered must be:

A) Exactly 50,000 Taka

B) Discretionary without limit

C) Proportionate to the person's means

D) Equal to the victim's losses

98 / 100

According to Order II, Rule 1, every suit shall as far as practicable be framed so as to:

A) Afford ground for final decision upon the subjects in dispute and to prevent further litigation

B) Delay the trial as much as possible

C) Include unnecessary parties

D) Claim maximum possible damages

99 / 100

If a suit is instituted in the name of the wrong person as plaintiff, under which rule can the Court order another person to be substituted or added as plaintiff?

A) Order I, Rule 13

B) Order I, Rule 10(1)

C) Order I, Rule 1

D) Order I, Rule 8

100 / 100

Can the report of the deputed person under Section 148 be read as evidence in the case?

A) Only if both parties agree

B) No

C) Only if sworn on oath

D) Yes

The average score is 0%

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Bar Council Full Model Test 21 English | 100 Marks 60 Min