Bar Council Full Model Test 25 English

Bar Council Full Model Test 25 (English)

Bangladesh Bar Council Preliminary Full Model Test 25

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

A statement recorded by the police under Section 161 can be used at an inquiry or trial by the accused to:

A) Prove the accused's innocence directly

B) Prove the witness's character

C) Send the witness to jail

D) Contradict the prosecution witness in the manner provided by Section 145 of the Evidence Act

2 / 100

Who has the power to amend the Rules under the Bar Council Order?

A) Bar Council

B) Bar Council, with Govt approval

C) Supreme Court

D) Government

3 / 100

According to Order XXI, Rule 46, attachment of debt, share and other property not in possession of the judgment-debtor is made by:

A) Actual seizure

B) Making a public announcement

C) Sending a police officer

D) A written order prohibiting the creditor from recovering the debt

4 / 100

X sends Rs. 50,000 to his agent to give to two specific poor students, A and B. Instead, the agent gives the money to two other very deserving poor students. The agent has committed:

A) Cheating

B) No offence

C) Criminal misappropriation

D) Criminal breach of trust (Violating the specific direction of trust)

5 / 100

Under Section 32(4) of Evidence Act, the declaration as to-

A) private rights & customs are admissible

B) only customs are admissible

C) public rights & customs are admissible

D) both public and private rights and customs are admissible

6 / 100

Under Order XXI, Rule 43, attachment of movable property in the possession of the judgment-debtor shall be made by:

A) Taking a photograph of the property

B) A simple notice

C) Publication in newspaper

D) Actual seizure

7 / 100

When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge is admissible under Section _____ of the Bangladeshi Evidence Act.

A) 49

B) 50

C) 52

D) 51

8 / 100

Under Order XXI, Rule 90, an application to set aside a sale of immovable property in execution of a decree can be made on the ground of:

A) Inadequacy of price alone

B) The purchaser being a relative

C) A material irregularity or fraud in publishing or conducting the sale

D) The auction taking too long

9 / 100

Under Section 165, an investigating officer can search a place without a warrant if he has reasonable grounds for believing the thing cannot be obtained without:

A) Undue delay

B) High cost

C) Resistance

D) Media attention

10 / 100

How many years of practice are required to be a candidate in Bar Council elections?

A) 5 years

B) 10 years

C) 7 years

D) 12 years

11 / 100

Section 14 provides for the exclusion of time of a proceeding prosecuted bona fide in a Court:

A) In a foreign country

B) With proper jurisdiction

C) During holidays

D) Without jurisdiction

12 / 100

Opinion of an expert under Section 45 of the Bangladeshi Evidence Act is-

A) supportive & corroborative in nature

B) not a conclusive proof

C) a conclusive proof

D) none of the above

13 / 100

Does Section 10 apply to managers of Hindu, Muslim, or Buddhist religious or charitable endowments?

A) Only to Hindu endowments

B) Only to Muslim endowments

C) Yes, they are deemed to be trustees thereof

D) No

14 / 100

A Hindu widow in possession commits destruction of the property. Who may sue for an injunction?

A) The police

B) A neighbour

C) The heir-expectant

D) The government

15 / 100

According to Order XXI, Rule 97, if the holder of a decree for the possession of immovable property is resisted or obstructed by any person in obtaining possession, he may:

A) Abandon the property

B) Make an application to the Court complaining of such resistance or obstruction

C) Arrest the person

D) Use physical force

16 / 100

Entries in the books of accounts regularly kept in the course of business are admissible under Section 34 of the Evidence Act irrespective of whether they themselves create a liability or not.

A) partly true

B) False

C) True

D) none of the above

17 / 100

Which of the following is an INCORRECT ingredient of the offence of wrongful restraint under Section 339 of the Penal Code?

A) Voluntary obstruction of a person

B) The person obstructed must have a right to proceed in that direction

C) The obstruction must prevent that person from proceeding beyond certain circumscribing limits (This is wrongful confinement, not restraint)

D) The obstruction must be such as to prevent that person from proceeding in any direction

18 / 100

Can a Magistrate who is also a police-officer record a confession under Section 164?

A) Only with the SP's permission

B) No

C) Yes

D) Only in emergencies

19 / 100

The person whose statement is admitted under Section 32 of the Evidence Act-

A) may or may not be competent to testify

B) must be competent to testify

C) none of the above

D) need not be competent to testify

20 / 100

A dying declaration to be admissible may be made before a-

A) all the above

B) Magistrate

C) police officer

D) a doctor or a private person

21 / 100

Under Order XXI, Rule 24, when the preliminary measures are taken, every process for the execution of the decree shall bear:

A) Date and day on which it is issued

B) All of the above

C) Seal of the Court

D) Signature of the Judge

22 / 100

An injunction cannot be granted to prevent an act of which it is not:

A) Approved by municipality

B) Currently happening

C) Related to pollution

D) Reasonably clear that it will be a nuisance

23 / 100

Copies of the record made before searching under Section 165 shall forthwith be sent to:

A) The nearest Magistrate empowered to take cognizance of the offence

B) The Inspector General of Police

C) The High Court

D) The complainant

24 / 100

Order XXI, Rule 11(2) states that an application for execution of a decree shall be in writing, signed, verified, and must contain details like:

A) All of the above

B) The amount with interest

C) The number of the suit

D) The names of the parties

25 / 100

An officer conducting a search in another station's limits under Section 166(3) must forthwith send notice and copies of records to:

A) The Prime Minister

B) The media

C) The officer in charge of the police-station within whose limits the place is situate

D) The local Union Parishad

26 / 100

When a Magistrate records a confession, he must make a memorandum at the foot of the record. Does the recording Magistrate need to have jurisdiction in the case?

A) Yes, strictly

B) No, it is not necessary

C) Only if the accused requests it

D) Only if it is a murder case

27 / 100

Under Section 45 of the Evidence Act the opinion of expert can be on the question of-

A) Foreign law

B) none of the above

C) both (a) & (b)

D) Bangladeshi law

28 / 100

A works his mine under B's and threatens to remove supporting pillars. B may sue for:

A) Rent

B) Eviction

C) An injunction to restrain him from so doing

D) Half the coal

29 / 100

What can the Govt do if a Bar Council decision contradicts government policy?

A) Order suspension or cancellation

B) Dissolve Bar Council

C) Dismiss Chairman

D) Nothing

30 / 100

A builds a house with eaves projecting over B's land. B may sue for an injunction to:

A) Charge rent

B) Pull down entire house

C) Transfer land

D) Pull down so much of the eaves as so project

31 / 100

Under Section 166(1), an officer making an investigation may require an officer in charge of another police-station to:

A) Cause a search to be made in any place within the limits of his own station

B) Pay for the investigation expenses

C) Arrest the suspect's family

D) Interrogate the witnesses

32 / 100

Under Order XXI, Rule 54, attachment of immovable property is made by:

A) Arresting the owner

B) Confiscating the title deeds

C) An order prohibiting the judgment-debtor from transferring or charging the property

D) Taking physical possession immediately

33 / 100

Under Section 162, shall a statement made to a police-officer during investigation, if reduced to writing, be signed by the person making it?

A) Yes, always

B) No, it shall not be signed

C) Only if a Magistrate is present

D) Yes, if they are literate

34 / 100

X's watch was stolen. One day he finds it tied on Y's wrist. In this context, which statement is correct?

A) X's right of private defence of property had come to an end.

B) X's right of private defence of property revives as soon as he sees his watch in Y's possession (Under certain interpretations of continuing trespass/theft, but generally, once the retreat is successful, the immediate right of private defence ends. However, the provided answer key says (d)).

C) X has a right of self-defence.

D) X has a right of private defence of property to recover the watch from Y by force.

35 / 100

According to Section 11(1), suits instituted in Bangladesh on foreign contracts are subject to:

A) The rules of limitation contained in the Bangladesh Limitation Act

B) International law

C) No limitation rules

D) The rules of the foreign country

36 / 100

A writes letters to B. C proposes to publish them for money. D (A's executor) may sue for:

A) Defamation

B) Share of money

C) An injunction to restrain C from publishing them

D) Breach of contract

37 / 100

Section 162 does NOT apply to statements falling within the provisions of:

A) Section 144 of the CrPC

B) Section 32, clause (1) of the Evidence Act, 1872 (Dying Declarations)

C) Section 107 of the CrPC

D) Section 300 of the Penal Code

38 / 100

Which Magistrate is explicitly authorized under Section 164 to record a statement or confession?

A) Any third class Magistrate

B) The District Magistrate only

C) Any Metropolitan Magistrate, Magistrate of the first class, and specially empowered Magistrate of the second class

D) Any Executive Magistrate

39 / 100

In computing the limitation for an appeal, which day is excluded according to Section 12(2)?

A) The day the defendant appeared

B) The day the court reopened

C) The day the plaint was filed

D) The day on which the judgment complained of was pronounced

40 / 100

Before recording a confession under Section 164, the Magistrate must explain to the person that:

A) He will be pardoned

B) He is not bound to make a confession and it may be used as evidence against him

C) He must confess or face torture

D) He will get a lesser sentence if he confesses

41 / 100

According to Order XXI, Rule 58, if any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree, the Court shall:

A) Proceed to adjudicate upon the claim or objection

B) Refer it to a mediator

C) Sell the property

D) Reject the claim immediately

42 / 100

According to Order XXI, Rule 22, notice to show cause against execution is required if the application for execution is made more than how many years after the date of the decree?

A) One year

B) Two years

C) Three years

D) Twelve years

43 / 100

X cuts down a tree on Y's land with the intention of dishonestly taking it without consent. What is X guilty of?

A) Theft, as soon as the tree is severed from the ground

B) Criminal misappropriation

C) No offence until the tree is taken away

D) Criminal breach of trust

44 / 100

A is the executor of a will. The property is to be divided between X and Y. Instead, A dishonestly divides it between Y and Z. A is guilty of:

A) Criminal breach of trust

B) No offence

C) Criminal misappropriation

D) Cheating

45 / 100

A rings bells near a house interfering with B's physical comfort. B may sue for:

A) Specific performance

B) Soundproofing

C) Nuisance charges

D) An injunction restraining A from making the noise

46 / 100

Is the time requisite for obtaining a copy of the decree appealed from excluded?

A) Only in criminal cases

B) Only if the judge permits

C) No

D) Yes

47 / 100

Which of the following elements constitute criminal misappropriation of property? 1. Movable property belonging to another. 2. Any property. 3. Misappropriation to own use. 4. Dishonest intention.

A) 2 and 3

B) 1, 3 and 4

C) 1, 2, 3 and 4

D) 2 and 4

48 / 100

Under Order XXI, Rule 30, every decree for the payment of money may be executed by:

A) Both A and B

B) Attachment and sale of his property

C) Forfeiture of his citizenship

D) Detention in the civil prison of the judgment-debtor

49 / 100

A sets fire to a house to scare occupants away. The house is gutted and two occupants die. A defends saying he had no intent to kill. The Court rejects this. This ruling is:

A) Right (implicitly, based on the phrasing "Wrong... inherently dangerous" in option D. The provided answer key says (d) "Wrong; because A had intention to cause fire which was inherently dangerous", which seems poorly phrased. The logical answer is that A is liable for murder as the act was imminently dangerous. Assuming (d) is the intended correct option from the source).

B) Wrong; A didn't intend to cause death

C) Wrong; A only had intention to cause fire

D) Right; A had no intention to cause death

50 / 100

B takes A's gold ring out of A's possession without A's consent, intending to keep it until A gives B money for its restoration. B is guilty of:

A) Criminal breach of trust

B) Criminal misappropriation of property

C) Cheating

D) Theft (Taking temporarily for ransom/reward constitutes dishonest intention for theft)

51 / 100

Is a suit against an express trustee for following trust property barred by any length of time?

A) Yes, after 30 years

B) Yes, after 3 years

C) No, it shall not be barred by any length of time

D) Yes, after 12 years

52 / 100

The relationship in Section 50 of Evidence Act means Relationship by-

A) blood or marriage

B) blood only

C) none of the above

D) blood or marriage or adoption

53 / 100

Which of the following is NOT an essential element of the offence of extortion?

A) Intentionally putting a person in fear of injury

B) The property is delivered to the extortioner as a means of avoiding injury

C) Dishonestly inducing the person put in fear to deliver property

D) The property must always be movable property (Extortion can apply to any property or valuable security)

54 / 100

Under Section 11(2), can a foreign rule of limitation be a defense to a suit in Bangladesh?

A) Only if the defendant requests it

B) Yes, if it extinguished the contract and parties were domiciled there during the prescribed period

C) Never

D) Always

55 / 100

Under Order XXII, Rule 3, where a sole plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the:

A) Legal representative of the deceased plaintiff to be made a party

B) Government to take over the suit

C) Defendant to win the suit

D) Suit to be dismissed

56 / 100

If a statement is used to contradict a witness, can any part of it be used in their re-examination?

A) Yes, to bring up entirely new facts

B) No

C) Yes, to contradict the accused

D) Yes, but only for the purpose of explaining any matter referred to in his cross-examination

57 / 100

For offences OTHER than those specifically listed, searching a bank account requires the prior written permission of:

A) A Sessions Judge

B) The Finance Minister

C) The Bangladesh Bank Governor

D) The High Court Division

58 / 100

Under Section 12(4), for an application to set aside an award, what time is excluded?

A) Time requisite for obtaining a copy of the award

B) Time spent in mediation

C) No time is excluded

D) 30 days flat

59 / 100

A tradesman holds out B as his partner against B's wish. B may sue for:

A) An injunction to restrain A

B) Dissolution

C) Receivership

D) Profits

60 / 100

A dying declaration is admissible-

A) only in criminal proceedings

B) only in civil proceedings

C) in civil and criminal proceedings both

D) none of the above

61 / 100

Under Order XXI, Rule 10, where the holder of a decree desires to execute it, he shall apply to:

A) The local police

B) The Supreme Court

C) The Court which passed the decree or to the officer appointed

D) The High Court

62 / 100

X sends a typewriter through his servant to deliver to Y. The servant takes it and uses it over a period of time. The servant is guilty of:

A) Criminal misappropriation of property

B) Criminal breach of trust (He was entrusted with the property)

C) Extortion

D) Theft

63 / 100

According to Order XXI, Rule 32, where a party against whom a decree for specific performance of a contract has been passed willfully fails to obey it, the decree may be enforced by:

A) Attachment of his property

B) Detention in the civil prison

C) Both A and B

D) Fine only

64 / 100

X dishonestly took away a jewellery box from Y. While fleeing, he realized Y was following him. He abandoned the box and threw stones at Y to deter the pursuit. X has committed:

A) Theft (The violence was used after abandoning the property, so it may not elevate the theft to robbery)

B) Extortion

C) Robbery

D) No offence

65 / 100

Before making a search under Section 165, the officer must:

A) Call a lawyer

B) Inform the Mayor

C) Arrest the owner

D) Record in writing the grounds of his belief and specify the thing to be searched for

66 / 100

A becomes insolvent, B buys his houses. A persists in trespassing. B may sue for:

A) Specific performance

B) Rescission

C) An injunction to restrain further acts of trespass

D) A declaration

67 / 100

Under Order XXII, Rule 1, the death of a plaintiff or defendant shall not cause the suit to abate if:

A) The court fee is paid

B) The right to sue survives

C) The parties are rich

D) The lawyers agree

68 / 100

Under Section 163, no police-officer shall offer any inducement, threat, or promise as mentioned in which section of the Evidence Act?

A) Section 54

B) Section 24

C) Section 114

D) Section 10

69 / 100

A disputed handwriting can be proved by-

A) examining a person acquitted with the handwriting of the writer of the questioned document

B) calling an expert

C) all the above

D) comparison of the two-admitted & disputed

70 / 100

Under Order XXI, Rule 65, every sale in execution of a decree shall be conducted by:

A) The local UP Chairman

B) The judgment-debtor

C) The decree-holder

D) An officer of the Court or person appointed by the Court

71 / 100

If a delay in requiring another officer to cause a search might result in evidence being destroyed, the investigating officer can:

A) Give up the search

B) Set up a blockade

C) Arrest anyone entering the area

D) Search the place in the limits of another police-station himself

72 / 100

To search for anything in the custody of a bank relating to a bank account (for offences under sections 403, 406, 408, 409 etc. of the Penal Code), prior written permission is needed from:

A) A Sessions Judge

B) The Chief Judicial Magistrate

C) The High Court Division

D) The District Magistrate

73 / 100

Under Order XXI, Rule 41, the Court may order the judgment-debtor to be examined as to:

A) His family history

B) His political affiliations

C) His previous criminal record

D) What debts are owing to him and what property or means he has

74 / 100

Which of the following is an INCORRECT ingredient of the offence of kidnapping from lawful guardianship?

A) Taking or enticing out of the keeping of the lawful guardian

B) Such taking must be without the consent of the guardian

C) The minor must be a male under 16 or a female under 18 (or a person of unsound mind)

D) The object of taking must be with an intention to commit an offence (Kidnapping from guardianship does not require a specific intent to commit a further offence)

75 / 100

Where is an advocate's name published if found guilty of professional misconduct?

A) Notice board

B) Supreme Court website

C) Daily newspaper

D) Bangladesh Gazette

76 / 100

Which of the following is an INCORRECT ingredient of the offence of wrongful confinement under Section 340 of the Penal Code?

A) Restraint may be partial or total (Wrongful confinement requires total restraint within circumscribing limits)

B) Such restraint must prevent that person from proceeding beyond certain circumscribing limits

C) Wrongful restraint of a person

D) A prison must have its boundary, large or narrow, visible or tangible, real or imaginary

77 / 100

If the investigating officer cannot conduct the search in person, he may require a subordinate officer to make the search by:

A) Delivering an order in writing specifying the place and thing

B) Text message

C) Giving a verbal command

D) A phone call

78 / 100

According to Order XXI, Rule 69, the Court or the officer conducting a sale may, in his discretion:

A) Cancel the decree

B) Give the property for free

C) Adjourn the sale

D) Change the decree-holder

79 / 100

A gives a lift to B, who asks to be dropped at Sector 15. A agrees but instead drives past Sector 15 despite B's repeated requests. What offence is committed by A?

A) Kidnapping

B) Abduction

C) Wrongful restraint

D) Wrongful confinement

80 / 100

The Court can exclude a part of the police statement from the copy furnished to the accused if it is not relevant or its disclosure is inexpedient in the public interests. Must the Court record its reasons for this exclusion?

A) It must get the prosecutor's permission

B) Yes, detailed reasons must be recorded

C) It shall record its opinion, but not the reasons therefor

D) It does not need to record anything

81 / 100

Z dies during an operation. The doctor removes his liver for transplantation to another patient without the wife's consent. The doctor is liable for:

A) No offence as Z was already dead and it was for another's benefit.

B) Causing indignity to a human corpse (or similar offence affecting religious/personal feelings).

C) Theft (removing movable property).

D) No offence as a human corpse is not movable property.

82 / 100

Which of the following is NOT an illustration of wrongful confinement?

A) A compels B to move in a particular direction by force of exterior will, suppressing his voluntary action

B) A kept a woman in a brothel under strict vigilance

C) A threatens to set a savage dog on B if B goes along a path, causing B to stop (This is wrongful restraint, not confinement within limits)

D) A jail doctor confines a prisoner in a cell against his will

83 / 100

R takes a loan from M on the security of his bike (which he gave to M). When M was away, R took the bike back without repaying the loan. R is guilty of:

A) No offence as what he owes is money

B) Theft (as he dishonestly took it out of M's possession)

C) Dishonest misappropriation

D) No offence as the bike belonged to him

84 / 100

Under Order XXI, Rule 89, where immovable property has been sold in execution of a decree, the judgment-debtor may apply to have the sale set aside on his depositing in Court:

A) Only the amount due to the decree-holder

B) 5% of the purchase-money

C) A sum equal to 5% of the purchase-money for payment to the purchaser, and the amount specified in the proclamation of sale for payment to the decree-holder

D) 10% of the purchase-money

85 / 100

A Magistrate shall not record any confession unless he has reason to believe that:

A) The police told the truth

B) The victim agrees

C) It was made voluntarily

D) The accused is guilty

86 / 100

Opinions of experts are relevant under Section _____ of the Bangladeshi Evidence Act.

A) 45

B) 48

C) 47

D) 46

87 / 100

How many members usually comprise the viva-voce board?

A) 2

B) 4

C) 3

D) 5

88 / 100

Under Section 45 of the Evidence Act, the opinion of expert can be for-

A) both (a) & (b)

B) identity of hand writing

C) none of the above

D) identity of finger impression

89 / 100

When there was no exchange of blows nor any attack from the deceased, the accused attacked the deceased with an axe causing his death.

A) The accused is guilty of criminal assault

B) Does not fall within the exception as there was no sudden fight

C) The accused's case falls within the exception of sudden fight

D) Does not fall within the exception because the deceased was unarmed

90 / 100

In computing the period of limitation, the day from which such period is to be reckoned shall be:

A) Excluded

B) Left to the judge's discretion

C) Included

D) Counted as half a day

91 / 100

The res inter alia acta is receivable under Section _____ of the Bangladeshi Evidence Act.

A) 45

B) 46

C) 47

D) 48

92 / 100

The court may in its discretion call for proving the facts-

A) of which judicial notice has to be taken

B) both (a) & (b)

C) which have been admitted otherwise than such admissions

D) none of the above

93 / 100

Opinion as to relationship of marriage under Section 50 of the Bangladeshi Evidence Act-

A) both (a) & (b)

B) is admissible in proceedings under Bangladeshi Divorce Act

C) is admissible in cases of offences against marriage

D) none of the above

94 / 100

Under Order XXI, Rule 37, where an application is for the execution of a decree for the payment of money by the arrest and detention of a judgment-debtor, what does the Court usually issue first?

A) An attachment order

B) A proclamation of absconder

C) A notice calling upon him to show cause why he should not be committed to civil prison

D) A police summons

95 / 100

A obstructs lights to which B acquired a right. B may obtain a mandatory injunction to:

A) Restrain A and pull down so much of them as obstructs B's lights

B) Arrest A

C) Claim damages

D) Only restrain further building

96 / 100

A lady asks X, who is near the ticket window, to buy a ticket for her and hands him money. X takes the money and runs away. X committed:

A) Criminal misappropriation

B) Theft

C) No offence

D) Criminal breach of trust (He was entrusted with the money for a specific purpose)

97 / 100

Under Section 13, whose absence from Bangladesh is excluded from the computation of time?

A) The Witnesses'

B) The Judge's

C) The Defendant's

D) The Plaintiff's

98 / 100

Under Order XXI, Rule 15, where a decree has been passed jointly in favour of more persons than one, who may apply for the execution of the whole decree for the benefit of them all?

A) Only the eldest person

B) Any one or more of such persons

C) All must apply together

D) Only the person who paid the court fee

99 / 100

Which of the following is NOT an illustration of wrongful restraint?

A) A puts a lock to a let house used as a shop in assertion of his right as a joint owner of the shop (This might be a civil dispute or other offence, but not wrongful restraint of a person if no one is physically prevented from proceeding)

B) A locks the dwelling house of B in the absence of the inhabitants

C) A removes a ladder and thereby detains B on the roof of a house

D) A stops his bus across the road to obstruct another bus

100 / 100

A imparts a secret process to his assistant B. B threatens to disclose it to rival C unless paid. A may sue for:

A) Rescission

B) An injunction to restrain B from disclosing the process

C) Murder

D) Compensation

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Bar Council Full Model Test 25 English | 100 Marks 60 Min