Bar Council Full Model Test 22 English

Bar Council Full Model Test 22 (English)

Bangladesh Bar Council Preliminary Full Model Test 22

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 is the office of the Bangladesh Bar Council located?

A) Kakrail

B) Segunbagicha

C) Supreme Court Premises

D) Shahbagh

2 / 100

Under Order IX, Rule 3, where neither party appears when the suit is called on for hearing, the Court may make an order that:

A) The suit be dismissed

B) The suit be postponed indefinitely

C) The suit be decreed

D) The defendant be arrested

3 / 100

Under Section 132(d), no prosecution can be instituted against an inferior officer or soldier doing an act in obedience to:

A) A mob's demand

B) A civilian's request

C) Any order which he was bound to obey

D) Any order they felt like following

4 / 100

A and B went to a field to protect a crop being reaped forcibly by an opposite party. During the altercation, A killed a person. Liability?

A) None of the above

B) Only A is liable for murder (if he exceeded his right of private defence individually)

C) Both A and B are liable for murder

D) Only B is liable for murder

5 / 100

Culpable homicide means the causing of death by doing an act with:

A) The intention of causing such bodily injury as is likely to cause death

B) All of these

C) The knowledge that he is likely by such act to cause death

D) The intention of causing death

6 / 100

Bangladeshi Evidence Act applies to proceedings-

A) before tribunals

B) all the above

C) in courts

D) before the arbitrate

7 / 100

Under Order VIII, Rule 1(1), the defendant shall present a written statement of his defence within how many working days from the date of service of summons?

A) 15 working days

B) 30 working days

C) 45 working days

D) 60 working days

8 / 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) Promissory note

C) Bill of exchange

D) Cheque

9 / 100

According to Order VIII, Rule 5, every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be:

A) Void

B) Admitted

C) Disputed

D) Rejected

10 / 100

Admissions-

A) must be examined as a whole and not in parts

B) can be examined as a whole or in parts

C) none of the above

D) can be examined in parts

11 / 100

Under Order VII, Rule 2, where the plaintiff seeks the recovery of money, the plaint shall state:

A) Only the cause of action without an amount

B) An approximate amount always

C) The maximum limit of the court's jurisdiction

D) The precise amount claimed

12 / 100

In ordinary cases, when is a suit instituted?

A) When the judge hears the case

B) When the defendant is served a notice

C) When the plaint is presented to the proper officer

D) When court fees are paid

13 / 100

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

A) A plaint

B) A trial

C) An appeal or application

D) A civil proceeding

14 / 100

Section 13 of the Evidence Act is not confined to public rights and covers private rights also

A) True

B) none of the above

C) False

D) partly true

15 / 100

Who prescribes the conditions upon which a conditional discharge may be made under Section 124?

A) The Government

B) The Supreme Court

C) The Jailer

D) The District Magistrate

16 / 100

A administers a drug to B to procure an abortion, believing her to be pregnant, but she is not. Held:

A) A is liable for attempt because the actual commission was avoided by a fact beyond A's control (factual impossibility is no defence)

B) A is not liable because causing abortion was factually impossible

C) A attempted a legal impossibility and is not liable

D) A is liable for causing hurt by poisoning

17 / 100

A rescission may be adjudged where the contract is unlawful for causes not apparent, and the defendant is:

A) Ignorant

B) Equally to blame

C) More to blame than the plaintiff

D) Less to blame than plaintiff

18 / 100

According to Order VI, Rule 1, "Pleading" shall mean:

A) Only the written statement

B) Plaint or written statement

C) Only the plaint

D) Oral arguments by lawyers

19 / 100

A directs an auctioneer to sell land, revokes authority for 20 bighas. Auctioneer sells the whole to B. Can B enforce?

A) Yes, against auctioneer

B) Yes, if pays double

C) No

D) Yes, no notice

20 / 100

A person may sue to adjudge an instrument void if he has reasonable apprehension it may cause him:

A) Financial gain

B) Minor inconvenience

C) Serious injury

D) No harm

21 / 100

According to Order VII, Rule 1, which of the following is NOT required to be contained in the plaint?

A) The facts constituting the cause of action

B) The name, description and place of residence of the plaintiff

C) The name of the Court in which the suit is brought

D) The list of questions to be asked in cross-examination

22 / 100

Under Section 124(2), a District Magistrate may reduce the amount of security or number of sureties, UNLESS:

A) The bond was for 3 years

B) The police object

C) The order was made by a Court superior to his own

D) The person is a habitual offender

23 / 100

A intends to sell a house and one godown. B fraudulently includes three. B leases one to D. Rectification cannot affect:

A) A's intention

B) B's ownership

C) C's gift

D) D's lease

24 / 100

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

A) Due care and attention

B) Proper documentation

C) Legal consultation

D) Honest intentions

25 / 100

Section 31 allows rectification if the contract does not truly express intention due to fraud or:

A) Unilateral mistake

B) Mutual mistake of the parties

C) Ignorance of law

D) Coercion

26 / 100

If a conditional discharge is cancelled, the unexpired portion of the term is calculated as the period between:

A) None of the above

B) The date of breach of conditions and the date he would have been entitled to release

C) The date of arrest and date of trial

D) The date of the bond and the date of cancellation

27 / 100

According to the first proviso to Order VIII, Rule 1(1), if the defendant fails to file the written statement within 30 working days, the Court may extend the time up to a maximum of:

A) 40 working days from the date of service

B) 50 working days from the date of service

C) 90 working days from the date of service

D) 60 working days from the date of service

28 / 100

Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to:

A) Substantially the same position

B) Financial ruin

C) Perfect health

D) A better position

29 / 100

On adjudging rescission, the Court may require the party receiving relief to make:

A) A new contract

B) A public apology

C) Any compensation to the other which justice may require

D) A donation

30 / 100

An Advocate induces a widow to transfer property to him to defraud creditors. Is she entitled to have it rescinded?

A) Only if pays creditors

B) No, transfer absolute

C) No

D) Yes, parties are not equally in fault

31 / 100

For conduct to be relevant under Section 8 of the Evidence Act, it-

A) may be either previous or subsequent

B) must be subsequent

C) must be previous

D) none of the above

32 / 100

Z, a pickpocket, attempts to steal from a gentleman with a loaded pistol in his pocket. Z touches the trigger, the gun goes off, and the gentleman dies. Z's liability:

A) Z is not liable for murder but only for pickpocketing, as the death was a pure accident while engaged in another offence

B) Z is liable for attempting homicide

C) Z is liable for murder

D) Z is liable for murder because he cannot claim the defence of accident while doing an unlawful act

33 / 100

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

A) Depends on the court's discretion

B) Yes, always

C) Yes, if possession is over 12 years

D) No

34 / 100

If security is tendered to the officer in charge of the jail (Section 123(4)), what does the officer do?

A) Forthwith refers the matter to the Court or Magistrate who made the order

B) Rejects the security

C) Keeps the security and says nothing

D) Releases the prisoner immediately

35 / 100

A contracts to pay his attorney B a fixed sum. The contract mistakenly excludes B's rights. B is entitled to have it:

A) Rectified

B) Declared void

C) Cancelled

D) Assigned

36 / 100

The order made under Section 112 is required to be in writing. Can it be skipped if the person admits guilt?

A) Yes

B) Yes, if the police agree

C) No, it is a statutory requirement to make the order

D) Only in Metro areas

37 / 100

Which committee has the power to grant or cancel affiliation of law colleges?

A) Tribunal

B) Enrollment Committee

C) Executive Committee

D) Legal Education Committee

38 / 100

Where a bodily injury is sufficient in the ordinary course of nature to cause death, it is:

A) Immaterial to find the intention

B) Implied that the intention was to cause death (under Section 300 clause 3)

C) Essential to find the intention

D) None of the above

39 / 100

Can a Sessions Judge transfer a proceeding laid before him under Section 123(2) to another judge?

A) No

B) Yes, to a Civil Court

C) Yes, to a Magistrate

D) Yes, to an Additional Sessions Judge or Joint Sessions Judge

40 / 100

What is the main function of the Legal Education Committee?

A) Judging advocates

B) Issuing certificates

C) Fund supervision

D) Regulating standard of legal education

41 / 100

Which statement correctly defines the term murder?

A) Death is caused with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused

B) Death is caused under grave and sudden provocation

C) The act must be done with the intention of causing such bodily injury as is likely to cause death

D) Death is caused with the knowledge that the act is so imminently dangerous that it must, in all probability, cause death

42 / 100

Previous conviction of a person is relevant under Explanation _____ of the Bangladeshi Evidence Act.

A) II to Section 14

B) I to Section 14

C) III to Section 14

D) IV to Section 14

43 / 100

When a Magistrate holds an inquiry into the fitness of a surety under Section 122, must he give notice?

A) No

B) Only to the surety

C) Yes, to the surety and the person who offered the surety

D) Only to the police

44 / 100

Under Section 110(d), habitual commission of which specific Penal Code chapter offences allows for proceedings?

A) Chapter XII (Offences relating to Coin and Government Stamps)

B) Chapter VI (Offences against State)

C) Chapter XX (Offences relating to Marriage)

D) Chapter XVI (Offences affecting the Human Body)

45 / 100

Motives of preparation and conduct are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 9

B) 7

C) 6

D) 8

46 / 100

Under Order VII, Rule 13, does the rejection of the plaint preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action?

A) Yes, unless the High Court allows it

B) No, it does not of its own force preclude the presentation of a fresh plaint

C) No, but only after paying a heavy fine

D) Yes, it operates as res judicata

47 / 100

Under Order VII, Rule 10, a plaint shall at any stage of the suit be returned to be:

A) Presented to the Court in which the suit should have been instituted

B) Amended by the plaintiff at home

C) Kept in the court records permanently

D) Dismissed outright

48 / 100

Admission can be-

A) none of the above

B) informal

C) formal

D) either formal or informal

49 / 100

When a person is brought before the court in custody under Section 114, is a copy of the Section 112 order delivered to them?

A) Yes, by the officer executing the warrant

B) Only after the trial

C) No

D) Only if they ask for it

50 / 100

According to Order V, Rule 20, "Substituted service" is ordered when:

A) The defendant lives within the court's jurisdiction

B) The defendant is present in the court

C) The court believes the defendant is keeping out of the way to avoid service

D) The plaintiff requests it initially

51 / 100

Transaction and instances relating to a right or custom are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 8

B) 6

C) 10

D) 13

52 / 100

Section 130 states that a military officer dispersing an assembly shall do as little injury to person and property as may be consistent with:

A) Dispersing the assembly and arresting such persons

B) Teaching the public a lesson

C) Punishing the offenders

D) His commanding officer's mood

53 / 100

Who has the power to remove an elected member of the Bar Council?

A) No specific provision

B) Other members

C) High Court

D) Attorney General

54 / 100

In Section 133, a "public place" includes:

A) Inside private residences

B) Property belonging to the State, camping grounds, and unoccupied sanitary/recreative grounds

C) Private gardens

D) Commercial shopping malls exclusively

55 / 100

Admissions by agents are admissible in both criminal and civil proceedings

A) False

B) True

C) none of the above

D) partly true

56 / 100

M had an affair with Sudha, A's wife. A followed Sudha to M's place with a hatchet, assaulted M, and wounded him. M then stabbed and killed A. There was no evidence that killing A was necessary for defence.

A) M is liable because he could not claim private defence due to his illicit relationship

B) M is liable for murder because he failed to establish that causing death was necessary for defence

C) M acted in self-defence and is not liable

D) M is not liable as he had no intention to kill and A was the aggressor

57 / 100

Under Order V, Rule 24, where the defendant is confined in a prison, the summons shall be delivered or sent to:

A) The defendant directly in his cell

B) The Inspector General of Prisons

C) The officer in charge of the prison

D) The local police station

58 / 100

Specific performance cannot be enforced if the consideration received by a party is so grossly inadequate as to evidence:

A) Poverty

B) Market fluctuations

C) Fraud or undue advantage

D) Poor negotiation

59 / 100

Under Section 299, the connection between the act and the death caused must be:

A) Indirect

B) None of the above

C) Both (a) and (b)

D) Direct

60 / 100

The word 'knowledge' under Section 299 denotes:

A) Both certainty and probability

B) None of the above

C) A certainty

D) A probability

61 / 100

Admissions bind the maker in so far as it relates to-

A) both on questions of facts & of law

B) none of the above

C) question of facts

D) question of law

62 / 100

According to Section 121, committing an offence punishable with imprisonment breaches a good behaviour bond. Does it matter WHERE the offence is committed?

A) No, wherever it may be committed

B) Yes, must be in the same district

C) Yes, must be in Bangladesh

D) Only if committed in public

63 / 100

Unlawful homicide includes:

A) All of these

B) Murder

C) Culpable homicide not amounting to murder

D) Negligent homicide (causing death by rash or negligent act)

64 / 100

Regarding the offence of culpable homicide:

A) It is immaterial if the person whose death is caused is not the very person the accused intended to kill (Doctrine of transfer of malice)

B) None of the above

C) The offence is complete as soon as a person is killed

D) Both (a) and (b)

65 / 100

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

A) The defendant

B) Only the person filing the suit

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

D) The court clerk

66 / 100

Under Order VIII, Rule 6, a defendant can claim a set-off in a suit for the recovery of:

A) Specific moveable property

B) Money

C) Immoveable property

D) Injunction

67 / 100

A, intending to murder B by poison, mixes poison in a glass of water. He gives it to a bearer to serve B. The bearer trips, drops the glass, and it breaks. What has A committed?

A) A has committed attempt to murder

B) A has committed no offence

C) A has committed attempt to commit culpable homicide

D) A has committed abetment

68 / 100

Under Section 15 of Evidence Act facts showing series of similar occurrences, involving the same person are relevant when it is-

A) certain that the act is done innocently

B) uncertain whether the act is intentional or accidental

C) certain that the act is with guilty knowledge

D) either (b) or (c)

69 / 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 his application for leave to sue as a pauper is made

D) When the defendant appears

70 / 100

Under Section 120, if a person is NOT undergoing a sentence of imprisonment, when does the security period commence?

A) 30 days after the order

B) Date of the order (unless a later date is fixed for sufficient reason)

C) When the police decide

D) 1 year after the order

71 / 100

Culpable homicide is not murder if it is committed under:

A) Moral conviction

B) Sudden fight in the heat of passion upon a sudden quarrel (Anger)

C) Madness

D) Grave and sudden provocation

72 / 100

Homicide is the killing of a human being by:

A) Anyone, whether human or animal

B) A human being, whether lawful only

C) A human being, which is unlawful

D) A human being, whether lawful or unlawful

73 / 100

Section 13 of the Evidence Act applies to-

A) corporal rights

B) neither (a) nor (b)

C) incorporal rights

D) both corporal and incorporal rights

74 / 100

Admissions are-

A) none of the above

B) not conclusive proof of the matters admitted but operate as estoppel

C) conclusive proof of the matter and also operate as estoppel

D) conclusive proof of the matters admitted

75 / 100

Under Order V, Rule 17, if the defendant refuses to sign the acknowledgment of service, the serving officer shall:

A) Publish the summons in a newspaper immediately

B) Arrest the defendant

C) Return the summons unserved and take no further action

D) Affix a copy of the summons on the outer door of the house where the defendant resides

76 / 100

Under Section 127, an assembly of how many persons likely to cause a disturbance can be commanded to disperse?

A) 2 or more

B) 10 or more

C) 3 or more

D) 5 or more

77 / 100

Section 299 has the following essentials:

A) Both (a) and (b)

B) None of the above

C) Causing of death of a human being

D) Such death must have been caused by doing an act

78 / 100

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

A) It shall be dismissed

B) It shall be stayed

C) It depends on the defendant's plea

D) It shall be accepted with a fine

79 / 100

Under Order VI, Rule 2, every pleading shall contain:

A) Both material facts and evidence

B) Legal precedents and case laws

C) Only the evidence by which the facts are to be proved

D) A statement in a concise form of the material facts on which the party relies

80 / 100

Under Section 117(5), if two persons are associated in the matter, dealing with them in a joint inquiry must be deemed by the Magistrate as:

A) Convenient

B) Mandatory

C) Illegal

D) Just

81 / 100

Under Order VI, Rule 15, every pleading shall be verified at the foot by:

A) The judge

B) Any witness

C) The party or one of the parties pleading

D) The court clerk

82 / 100

Section 14 of Evidence Act makes relevant the facts which show the existence of-

A) any state of mind

B) any state of body or bodily feeling

C) a particular state of mind and a state of body

D) either state of mind or of body or bodily feeling

83 / 100

Under Section 108(c), disseminating matter concerning a Judge that amounts to what offences can trigger security proceedings?

A) Fraud or forgery

B) Criminal intimidation or defamation

C) Theft or robbery

D) Murder or assault

84 / 100

Which of the following is correct regarding culpable homicide and murder?

A) Both (a) and (b)

B) All murders are culpable homicides, but all culpable homicides are not murders

C) All culpable homicides are murders

D) None of the above

85 / 100

Where the summons is for the final disposal of the suit, it shall direct the defendant to produce:

A) A security deposit

B) All his relatives

C) All witnesses upon whose evidence he intends to rely

D) His bank statements

86 / 100

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

A) A legally appointed guardian

B) A manager of a religious endowment

C) An express trustee

D) A benamider

87 / 100

A woman, intending to poison her husband, administered what she believed to be arsenic, but it was actually sugar. Held:

A) A is liable for attempt as she used means she believed capable of causing death

B) A is liable for attempt as her act was towards the commission

C) A is NOT liable for attempt to murder because the substance administered could never bring about the desired result (depending on jurisdiction's approach to impossibility; the provided key says (d))

D) A is liable for attempt to kill because of her intention

88 / 100

Can a Magistrate reject a surety who was PREVIOUSLY accepted?

A) No

B) Yes, but he must first issue a summons/warrant for the bound person to appear

C) Only after 1 year

D) Only if the surety commits a crime

89 / 100

Under Order V, Rule 12, wherever it is practicable, service of summons shall be made on:

A) The defendant in person, or his empowered agent

B) The defendant's neighbors

C) The postmaster

D) Any government official

90 / 100

Once it is established that an act was deliberate and not an accident, rashness, or negligence, the offence would likely be:

A) Grievous hurt

B) Culpable homicide

C) Murder

D) Attempt to murder

91 / 100

A conditional order under Section 133 requires the person to act or appear within:

A) A time to be fixed in the order

B) 7 days strictly

C) 24 hours strictly

D) 1 month strictly

92 / 100

Under Section 118, a bond's amount shall be fixed with due regard to the circumstances and shall not be:

A) Disclosed to the public

B) Paid in cash

C) Less than 1000 Taka

D) Excessive

93 / 100

A, under threat of instant death, held B's legs while C murdered B. Under the same threat, A helped conceal the body. A did not state he protested or was threatened again during concealment.

A) A will be liable for both murder and concealing the body

B) A will be liable for murder (as Section 94 does not excuse murder) but might not get the defence of compulsion for concealing the body

C) A will be liable for concealing the body but not for murder

D) A will be liable for neither due to continuous threat

94 / 100

Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under Section _____ of the Bangladeshi Evidence Act.

A) 17

B) 18

C) 16

D) 19

95 / 100

Under Order V, Rule 15, where the defendant cannot be found and has no agent, service may be made on:

A) Any adult member of the family of the defendant residing with him

B) Any minor child of the defendant

C) The defendant's landlord

D) Any servant of the defendant

96 / 100

Punishment for culpable homicide not amounting to murder is given in the Penal Code in:

A) Section 300

B) Section 302

C) None of the above

D) Section 304

97 / 100

According to Order VII, Rule 11, the plaint shall be rejected in which of the following cases?

A) Where it is filed in English

B) Where it does not disclose a cause of action

C) Where the plaintiff has no lawyer

D) Where the defendant is absent

98 / 100

Who is responsible for publishing the voter list for Bar Council elections?

A) Attorney General

B) Election Commission

C) Registrar of Supreme Court

D) Secretary of Bar Council

99 / 100

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

A) Ask the plaintiff for an explanation

B) Accept it

C) Dismiss it

D) Issue a show-cause notice

100 / 100

Under Order VI, Rule 16, the Court may order to be struck out or amended any matter in any pleading which may be:

A) Necessary for the trial

B) Unnecessary or scandalous

C) Supported by strong evidence

D) Written in English

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Bar Council Full Model Test 22 English | 100 Marks 60 Min