Bar Council Full Model Test 23 English

Bar Council Full Model Test 23 (English)

Bangladesh Bar Council Preliminary Full Model Test 23

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

If a legal representative is also affected by a disability at the date of death, do the rules of Section 6 apply to him?

A) No

B) Yes

C) Only if he is a minor

D) Only if he is insane

2 / 100

A Hindu widow adopts a son. The person presumptively entitled to possession may obtain a declaration that:

A) Son is legitimate

B) Property is his immediately

C) The adoption was invalid

D) Widow is absolute owner

3 / 100

Which statement regarding grave and sudden provocation is INCORRECT?

A) Where there is sufficient time for cooling down, there is no sudden provocation.

B) A confession of adultery by a wife to her husband can be grave and sudden provocation.

C) Only words or gestures can cause grave provocation. (Words or gestures CAN cause provocation, not 'only').

D) Under Exception 1 to Sec. 300, the provocation must be grave and sudden.

4 / 100

Can an aggrieved person apply to rescind a Section 144 order?

A) Only if they pay a fee

B) Yes, and the Magistrate must afford an early opportunity to show cause

C) No

D) Only after 2 months

5 / 100

A bequeaths property to B, C, D "if living... then amongst surviving children". No children exist. Court may declare:

A) Executor takes it

B) Goes to state

C) Will void

D) Whether they took absolutely or for life

6 / 100

According to Order X, Rule 1, at the first hearing of the suit, the Court shall ascertain from each party or his pleader whether he:

A) Wishes to call witnesses immediately

B) Admits or denies the allegations of fact made in the plaint or written statement

C) Has paid the pleader's fees

D) Wants to settle the case out of court

7 / 100

According to Order XII, Rule 6, any party may at any stage of a suit apply to the Court for a judgment or order:

A) Where a new cause of action arises

B) Where the judge is absent

C) Where admissions of fact have been made

D) Where no evidence has been recorded

8 / 100

According to Order IX, Rule 13A, an application directly setting aside an ex parte decree must be made within how many days of the date of the decree?

A) 15 days

B) 60 days

C) 30 days

D) 90 days

9 / 100

Under Section 145(3), a copy of the order must be published by being affixed where?

A) To some conspicuous place at or near the subject of dispute

B) At the Magistrate's office

C) On the front page of a newspaper

D) At the police station

10 / 100

If a disability continues up to the death of the person, who can institute the suit?

A) Any relative

B) The Government

C) His legal representative

D) No one

11 / 100

Can an advocate mention their political position on their visiting card?

A) If an MP

B) Yes

C) During elections

D) No, it violates conduct rules

12 / 100

According to the Explanation in Section 5, what can be a "sufficient cause"?

A) Ignorance of the law

B) Being out of the country on vacation

C) Being misled by any order, practice, or judgment of the High Court Division

D) Lack of funds

13 / 100

According to Order XIV, Rule 3, from which of the following materials may the Court frame issues?

A) Allegations made on oath by the parties

B) All of the above

C) Contents of documents produced by either party

D) Allegations in the pleadings

14 / 100

Admissions made by a party are evidence against-

A) privies in blood

B) all the above

C) privies in estate

D) privies in law

15 / 100

The accused killed a girl by pouring acid on her because she refused to marry him. She died after 12 days. The accused is guilty of:

A) Culpable homicide

B) Unlawful assembly

C) Murder

D) Grievous hurt

16 / 100

Mode of proof of a custom is contained under Section _____ of the Bangladeshi Evidence Act.

A) 48

B) 32(4)

C) 32(7)

D) all the above

17 / 100

Under Order XVI, Rule 1, a list of witnesses must be filed by the parties within how many days after the date on which the issues are settled?

A) 15 days

B) 30 days

C) 45 days

D) 7 days

18 / 100

Under Order XIV, Rule 1(4), issues are of two kinds:

A) Issues of civil nature and issues of criminal nature

B) Issues of law and issues of fact

C) Issues of plaintiff and issues of defendant

D) Issues of right and issues of wrong

19 / 100

Section 144 orders are used when immediate prevention or speedy remedy is:

A) Desirable

B) Costly

C) Impossible

D) Unpopular

20 / 100

A draws a bill on B, endorsed to C, to D, to E. C's endorsement is forged. C is entitled to have his endorsement:

A) Cancelled entirely

B) Paid by E

C) Rectified

D) Cancelled, leaving the bill to stand

21 / 100

An arrest under Section 151 can be made if it appears to the officer that the commission of the offence:

A) Involves multiple people

B) Cannot be otherwise prevented

C) Will cause financial loss

D) Is happening at night

22 / 100

If a Magistrate rejects an application to alter a Section 144 order, he must:

A) Arrest the applicant

B) Extend the order

C) Ignore the applicant

D) Record in writing his reasons for doing so

23 / 100

Can an advocate be a director of a company?

A) No, under no circumstances

B) Only state companies

C) Yes, any company

D) Cannot be MD or hold lucrative executive post

24 / 100

A police-officer receiving information of a design to commit a cognizable offence shall communicate such information to:

A) The local Union Chairman

B) The High Court

C) The Magistrate immediately

D) The police-officer to whom he is subordinate

25 / 100

Under Order XI, Rule 1, the plaintiff or defendant may deliver interrogatories in writing for the examination of the opposite parties within:

A) Thirty days from the date of framing of issues

B) Five days from the date of framing of issues

C) Fifteen days from the date of framing of issues

D) Ten days from the date of framing of issues

26 / 100

A retracted confession cannot be made solely the basis of conviction under any circumstances

A) True

B) none of the above

C) False

D) partly true

27 / 100

If a person is affected by two disabilities when the time is to be reckoned, when does the time run?

A) After the first disability ceases

B) The court decides

C) Time does not stop for two disabilities

D) After both disabilities have ceased

28 / 100

When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit under Section _____ of the Bangladeshi Evidence Act.

A) 20

B) 18

C) 19

D) 17

29 / 100

Under Section 151, a police-officer knowing of a design to commit any cognizable offence may arrest the person so designing:

A) Without orders from a Magistrate and without a warrant

B) Only with a warrant

C) Only after the offence is committed

D) Only with orders from a Magistrate

30 / 100

Section 24 of the Evidence Act applies under-

A) the inducement, threat or promise comes from a person in authority

B) the inducement is spiritual or religious

C) only (a) & (b) are correct

D) the inducement is of a temporal kind

31 / 100

A shoots Z with the intention of killing him. Z dies as a consequence. A commits:

A) Culpable homicide not amounting to murder

B) Criminal use of force

C) Assault

D) Murder

32 / 100

A woman ran away from her husband's house with her child. Seeing her husband following, she panicked, jumped into a well, and the baby died.

A) The woman is guilty of murder.

B) The husband is guilty of murder.

C) None of the above.

D) The woman is not guilty of murder considering her state of panic (lack of intention/knowledge to cause death).

33 / 100

Under Section 27 of the Bangladeshi Evidence Act-

A) both are admissible depending on the facts & circumstances of the case

B) the whole statement is admissible

C) only that portion which distinctly relates to the discovery is admissible

D) none of the above

34 / 100

Under Order IX, Rule 6(1)(a), if the plaintiff appears and the defendant does not appear when the suit is called, and it is proved that the summons was duly served, the Court may:

A) Dismiss the suit

B) Issue a second summons

C) Postpone the hearing

D) Proceed ex parte

35 / 100

Admission to be relevant-

A) it is immaterial as to whom admission is made and an admission made to a stranger is relevant

B) must be made to the party concerned & not to a stranger

C) none of the above

D) must be made to a stranger

36 / 100

Facts which are necessary to explain or introduce relevant facts of place name, date, relationship & identity of parties are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 8

B) 10

C) 9

D) 11

37 / 100

Which statement INCORRECTLY states when culpable homicide is murder?

A) If the act is done with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death.

B) If the act is done with the intention of causing bodily injury as the offender knows to be likely to cause the death of the person to whom harm is caused.

C) If the person committing the act knows it is imminently dangerous and must in all probability cause death.

D) If the act is done with the intention of causing such bodily injury to any person as the offender knows to be likely to cause death of any person. (Should be the specific person to whom harm is caused).

38 / 100

Does Section 5 (extension of period) apply to original suits?

A) Yes, if the judge allows

B) No, it generally applies to appeals and applications

C) Yes

D) Yes, for property disputes

39 / 100

A alienates to B property in which A has merely a life interest. Reversioner C may obtain a declaration that:

A) C is so entitled (as reversioner)

B) A goes to jail

C) A is dead

D) B is absolute owner

40 / 100

A confession to be inadmissible under Section 25 of Evidence Act may relate to the same crime or another crime-

A) none of the above

B) False

C) True

D) partly true

41 / 100

Under Section 145(2), does the expression "land or water" include buildings?

A) No

B) Only government buildings

C) Only residential buildings

D) Yes

42 / 100

Under Section 137, if the Magistrate is satisfied the order is not reasonable and proper, what happens to the proceedings?

A) They are postponed

B) No further proceedings shall be taken

C) The person is fined anyway

D) They are sent to a higher court

43 / 100

Y gives grave and sudden provocation to A. A fires a pistol, missing Y, but accidentally kills Z who is nearby. A has committed:

A) Death by rash and negligent act

B) Murder

C) Culpable homicide not amounting to murder

D) Attempt to murder Y

44 / 100

Under Section 139A(3), if a person fails to deny the existence of a public right when questioned, can they deny it in subsequent proceedings?

A) Only during appeals

B) No, they shall not be permitted to make any such denial

C) Yes, at any time

D) Yes, with a lawyer

45 / 100

Section 152 also allows a police-officer to prevent the removal or injury of any:

A) Public landmark, buoy, or other mark used for navigation

B) Private boundary wall

C) Commercial billboard

D) Shop sign

46 / 100

Does an officer in charge of a police-station need a warrant to inspect weights and measures under Section 153?

A) Only if the place is a private residence

B) Yes, from a Judicial Magistrate

C) No, he may enter without a warrant

D) Yes, from an Executive Magistrate

47 / 100

A conveys land to B, who bequeaths it to C. D produces a forged instrument of trust. C may obtain:

A) A new deed

B) Specific performance

C) Rent from D

D) Cancellation of the forged instrument

48 / 100

The accused struck his wife with a wooden rod, rendering her unconscious. Believing her dead, he hanged her to fake suicide, thereby causing her death by strangulation. He is guilty of:

A) Grievous hurt (or culpable homicide depending on jurisdiction's interpretation of such mistakes; the provided key says (c))

B) Hurt

C) Murder

D) Culpable homicide not amounting to murder

49 / 100

If a person is a minor at the time the right to sue accrues, when can he institute the suit?

A) Within the same period after the disability has ceased

B) Within one year of attaining majority

C) Immediately through a friend only

D) Never

50 / 100

If a Magistrate attaches property located OUTSIDE his jurisdiction under Section 140 to recover costs, the order must be:

A) Endorsed by the High Court

B) Sent by registered post

C) Published in a newspaper

D) Endorsed by the Magistrate within whose local limits the property is found

51 / 100

Persons who can make admissions are mentioned under Section _____ of the Bangladeshi Evidence Act.

A) 17

B) 20

C) 18

D) 19

52 / 100

Under Order XIV, Rule 2, if issues both of law and of fact arise, and the Court thinks a case may be disposed of on an issue of law only, it may:

A) Try both simultaneously

B) Try the issue of fact first

C) Dismiss the suit

D) Try the issue of law first

53 / 100

A is in possession. B requires A to deliver property, alleging ownership. A may obtain:

A) Arrest of B

B) A declaration of his right to hold the property

C) Eviction notice

D) Specific performance

54 / 100

To apply clause (1) of Section 300 (Murder), the bodily injury present must be:

A) Unintentional

B) Intentional

C) Accidental

D) By mistake

55 / 100

Under Section 152, a police-officer may of his own authority interpose to prevent any injury attempted to be committed to:

A) A private vehicle

B) A neighbor's farm

C) Any public property, movable or immovable

D) A private residence

56 / 100

The accused gave the deceased a severe push on the back. He fell, sustained injuries, and died on the fifth day. This is a case of:

A) Culpable homicide not amounting to murder (if knowledge/intent is established)

B) Using criminal force

C) Simple hurt

D) Murder

57 / 100

Culpable homicide is not murder if the accused is deprived of the power of self-control by:

A) Grave and sudden provocation by anyone

B) Grave and sudden provocation by an act of God

C) All of these

D) Grave and sudden provocation by the deceased (or someone the deceased represents)

58 / 100

Under Section 149, every police-officer may interpose for the purpose of preventing the commission of:

A) Any traffic violation

B) Any cognizable offence

C) Any civil dispute

D) Any non-cognizable offence

59 / 100

Which of the following is considered a legal disability under Section 6?

A) Being a minor, insane, or an idiot

B) Imprisonment

C) Poverty

D) Insolvency

60 / 100

Under Order XI, Rule 8, interrogatories shall be answered by affidavit to be filed within:

A) Twenty days

B) Ten days

C) Seven days

D) Fourteen days

61 / 100

If the period of limitation expires on a day when the Court is closed, when can the suit be instituted?

A) The suit becomes barred

B) On the next working day of the following week

C) On the day the Court re-opens

D) Within 30 days of re-opening

62 / 100

Communication made 'without prejudice' are protected by virtue of Section _____ of the Evidence Act-

A) 22

B) 25

C) 24

D) 23

63 / 100

In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, under Section _____ of the Bangladeshi Evidence Act.

A) 20

B) 19

C) 21

D) 18

64 / 100

Under Section 5, an appeal may be admitted after the period of limitation if the appellant satisfies the Court that:

A) He had sufficient cause for not preferring the appeal

B) The opposing party agrees

C) He was busy with personal work

D) He is willing to pay a penalty

65 / 100

According to Order IX, Rule 4, where a suit is dismissed under rule 2 or rule 3 (neither party appears), the plaintiff may:

A) Bring a fresh suit or apply for an order to set the dismissal aside

B) Only file an appeal

C) Not bring a fresh suit

D) File a revision petition

66 / 100

When is the oath of an advocate administered?

A) After written exam

B) After viva

C) Upon receiving certificate, at local bar

D) At start of pupillage

67 / 100

Under Order IX, Rule 9, where a suit is wholly or partly dismissed under rule 8 (defendant appears, plaintiff does not), is the plaintiff allowed to bring a fresh suit in respect of the same cause of action?

A) Yes, without any restriction

B) Yes, with the permission of the defendant

C) Yes, if the court fee is paid again

D) No, he shall be precluded from bringing a fresh suit

68 / 100

A gets a declaration of marriage against B. C later claims B is his wife. Is the declaration binding upon C?

A) Yes, if C knew

B) No

C) Yes, if registered

D) Yes

69 / 100

Which statement INCORRECTLY describes culpable homicide?

A) Doing an act with the intention of causing death.

B) Doing an act with the intention of causing such bodily injury as is likely to cause death.

C) Doing an act with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person.

D) Doing an act with the knowledge that it is likely to cause death.

70 / 100

The joint intention of the accused was to give a beating that would break the bones of the arms and legs. This resulted in A's death. The participants are guilty of:

A) Grievous hurt

B) Culpable homicide not amounting to murder

C) Criminal assault

D) Murder

71 / 100

Under Order XIV, Rule 5, at what stage can the Court amend or strike out issues?

A) At any time before passing a decree

B) After passing a decree

C) Only at the first hearing

D) Only during appeal

72 / 100

Under Order XV, Rule 1, if at the first hearing it appears that the parties are not at issue on any question of law or of fact, the Court may:

A) Order for mediation

B) At once pronounce judgment

C) Adjourn the hearing

D) Proceed to frame issues

73 / 100

A fraudulently represents a ship as seaworthy, inducing B to insure it. B may obtain:

A) Ownership

B) Cancellation of the policy

C) Specific performance

D) Rectification

74 / 100

What should be the size of an advocate's signboard or nameplate?

A) Modest and consistent with dignity

B) As big as possible

C) Neon sign

D) Huge banner

75 / 100

Confession caused by inducement, threat or promise is given under Section _____ of the Bangladeshi Evidence Act.

A) 23

B) 26

C) 25

D) 24

76 / 100

If the deceased did not die from the initial injuries but from a subsequent infection or consequence, because the injuries were the primary cause, the person causing the injuries is guilty of:

A) Hurt

B) Murder

C) None of the above

D) Grievous hurt

77 / 100

Every information relating to the commission of a cognizable offence given orally to an officer in charge of a police-station shall be:

A) Reduced to writing by him or under his direction

B) Recorded on a voice recorder

C) Sent to the Magistrate verbally

D) Ignored until evidence is provided

78 / 100

Which of the following is not given under Section 25 of the Evidence Act confessions made to-

A) all the above

B) a member of Railway Protection Force

C) custom officers

D) an officer under FERA

79 / 100

A attempts to pull Z's nose. Z exercises his right of private defence and holds A. A is moved to sudden and violent passion and kills Z. This is:

A) Grievous hurt

B) Culpable homicide

C) Murder (Provocation exception does not apply to lawful exercise of private defence)

D) Abetment of murder

80 / 100

If the officer finds any false weights or measures, he may seize them and shall forthwith give information of such seizure to:

A) The Superintendent of Police

B) The local business association

C) A Magistrate having jurisdiction

D) The High Court Division

81 / 100

Admissions-

A) must be in writing

B) none of the above

C) must be oral

D) either oral or in writing

82 / 100

A agrees to sell a ship to B for 4 bills of exchange. Ship is not delivered. A sues B on one bill. B may obtain:

A) Cancellation of all the bills

B) Compensation only

C) The ship

D) An injunction

83 / 100

A snake charmer placed a venomous snake on a spectator's head to show skill without intending harm. The spectator tried to push it off, was bitten, and died. The snake charmer is guilty:

A) Under clause (4) of Sec. 300 (knowledge of imminently dangerous act)

B) Under clause (1) of Sec. 300

C) Under clause (3) of Sec. 299

D) Under clause (1) of Sec. 299

84 / 100

Under Order XVI, Rule 10, if a witness fails to attend without lawful excuse, the Court may issue:

A) A decree against him

B) A proclamation

C) A warrant (with or without bail)

D) An injunction

85 / 100

Under Section 153, an officer in charge of a police-station may enter any place within his limits to inspect or search for:

A) Illegal firearms

B) Stolen vehicles

C) Forged passports

D) Weights, measures, or instruments for weighing

86 / 100

Which of the following statements is correct?

A) None of the above

B) A knowledge that the natural and probable consequence of an act would be death is sufficient for murder

C) An intention to kill is not always necessary to make out a case of murder

D) Both (a) and (b)

87 / 100

Exception 1 to Section 300 relates to:

A) Grave and sudden provocation

B) Death caused in a sudden fight

C) Death caused by consent

D) All of these

88 / 100

Against a company being wound up by the Court, when is a claim considered instituted?

A) When the winding-up order is passed

B) When the court acknowledges the claim

C) When the claimant first sends in his claim to the official liquidator

D) When the company assets are sold

89 / 100

Under Order IX, Rule 13, in any case in which a decree is passed ex parte against a defendant, he may apply to the Court to:

A) Transfer the case to another court

B) Set aside the decree

C) Request a retrial by a jury

D) Appeal directly to the Supreme Court

90 / 100

What is an advocate's primary duty to the public?

A) Assisting in establishing rule of law

B) Free legal aid

C) Running business

D) Joining politics

91 / 100

A perpetual injunction can ONLY be granted by:

A) The police

B) The decree made at the hearing and upon the merits

C) A temporary order

D) The District Magistrate

92 / 100

According to Order XVI, Rule 2, before a summons is granted for a witness, what must the party applying for it pay into Court?

A) A security deposit of fixed amount

B) The witness's lawyer fee

C) A sum of money sufficient to defray the traveling and other expenses of the witness

D) The court fee for the suit

93 / 100

A person who intended to use a deadly weapon towards anyone who might come forward commits:

A) No offence

B) Murder (if death results)

C) Culpable homicide not amounting to murder

D) Grievous hurt

94 / 100

Under Order XVI, Rule 12, if a witness whose property has been attached fails to appear or satisfy the Court, the Court may order:

A) The suit to be dismissed

B) The property to be sold

C) The property to be given to the plaintiff

D) The witness to be executed

95 / 100

Under Section 145(8), who may make an order for the proper custody or sale of crops subject to speedy and natural decay?

A) The police

B) The complainant

C) The village head

D) The Magistrate

96 / 100

A struck B on the head. B fell bleeding and senseless. A and his wife thought B was dead, placed him on a pyre, and set it on fire, causing B's death. They are guilty of:

A) Simple hurt

B) Culpable homicide

C) Grievous hurt

D) Murder

97 / 100

According to Section 148(3), when a Magistrate directs costs to be paid in property disputes, what may be included?

A) Expenses incurred in respect of witnesses and advocate fees

B) Damages for mental agony

C) Travel expenses for the police

D) Only paper costs

98 / 100

Which of the following statements is correct?

A) An offence cannot amount to culpable homicide without amounting to murder

B) Both of the above

C) An offence cannot amount to murder if it does not fall within the definition of culpable homicide

D) None of the above

99 / 100

Under Order XVI, Rule 1A, can a party produce witnesses without applying for summons?

A) Yes, only with Court's prior permission

B) Yes, but only expert witnesses

C) Yes, subject to the provisions of sub-rule (3) of rule 1

D) No

100 / 100

Under Order XIV, Rule 1(5), at what stage shall the Court proceed to frame and record the issues?

A) At the first hearing

B) After recording evidence

C) After filing the written statement

D) During the final argument

The average score is 0%

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Bar Council Full Model Test 23 English | 100 Marks 60 Min