Bar Council Full Model Test 26 English

Bar Council Full Model Test 26 (English)

Bangladesh Bar Council Preliminary Full Model Test 26

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

Under Section 169, if there is NOT sufficient evidence to forward the accused to a Magistrate, the officer shall:

A) Send him to a foreign country

B) Hand him over to the public

C) Release him on his executing a bond, to appear if and when so required

D) Keep him in the lockup for 30 more days

2 / 100

Under Section 15(1), if the institution of a suit is stayed by an injunction, what happens to the time of the continuance of the injunction?

A) It is included in the limitation period

B) It restarts the limitation period

C) It is excluded

D) It bars the suit forever

3 / 100

When does robbery become dacoity?

A) When committed by 3 persons

B) When committed by 2 persons

C) When committed by 5 or more persons

D) When committed by 4 persons

4 / 100

What is a non-practicing person called if they go to court wearing a gown?

A) Illegal Practitioner

B) Fake Lawyer

C) Misconduct doer

D) Fraud

5 / 100

If further detention beyond 15 days of police custody is necessary, the Magistrate may authorize detention in:

A) Police custody again

B) House arrest

C) Judicial custody

D) Military custody

6 / 100

Under Order XXVII, Rule 2, persons being ex officio or otherwise authorized to act for the Government shall be deemed to be:

A) Pleaders

B) Defendants

C) Amicus Curiae

D) Recognized agents

7 / 100

X, by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it to X. X commits:

A) Robbery

B) Criminal misappropriation

C) Extortion (A blank signed paper can be converted into a valuable security)

D) No offence

8 / 100

Facts of which the judicial notice is to be taken are stated under Section _____ of the Bangladeshi Evidence Act.

A) 55

B) 58

C) 57

D) 56

9 / 100

Under Section 167(2A), a Magistrate authorizing detention in police custody may order that the accused be examined by:

A) A medical officer of the nearest government hospital

B) A pharmacist

C) A private doctor of his choice

D) A police doctor only

10 / 100

Principle of 'omnia proesumuntur rite esse acts' is contained in Section _____ of the Bangladeshi Evidence Act.

A) 81

B) 77

C) 79

D) 83

11 / 100

Under Section 167(5), if an investigation is not concluded within 120 days for an offence NOT punishable with death, life imprisonment, or exceeding 10 years, the Magistrate may:

A) Hang the accused

B) Sentence the accused

C) Keep the accused in police custody indefinitely

D) Release the accused on bail to the satisfaction of such Magistrate

12 / 100

Does Section 17 (effect of death) apply to suits to enforce rights of pre-emption?

A) Only if the legal representative is a minor

B) No

C) Yes

D) Only for commercial properties

13 / 100

According to Order XXXII, Rule 3, where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be:

A) Next friend

B) Executor

C) Guardian for the suit (Guardian ad litem)

D) Receiver

14 / 100

Under Order XXVI, Rule 11, the Court may issue a commission to examine or adjust:

A) The accounts

B) The judge's decisions

C) The witness's background

D) The pleadings

15 / 100

Under Section 170, if there IS sufficient evidence, the officer shall forward the accused under custody to a Magistrate or, if the offence is bailable, shall:

A) Tell him to leave town

B) Fine him

C) Let him go completely free

D) Take security from him for his appearance before the Magistrate

16 / 100

Under Section 16, for a suit for possession by a purchaser at an execution sale, what time is excluded?

A) Time during which a proceeding to set aside the sale has been prosecuted

B) The time the buyer took to arrange funds

C) Time the court was closed

D) 60 days

17 / 100

For the offence of theft, the taking of property should be:

A) None of the above

B) Temporary

C) Permanent

D) Either permanent or temporary (Temporary deprivation with dishonest intent is enough)

18 / 100

A Will is required to be proved by calling at least one attesting witness when it is-

A) all of the above

B) admitted

C) unregistered

D) registered

19 / 100

If upon production after police custody the accused alleges torture and the medical report confirms it, the Magistrate shall:

A) Warn the police officer verbally

B) Ignore it

C) Proceed in accordance with law

D) Extend police custody

20 / 100

A threatens to publish a statement concerning B which would be punishable under the Penal Code. Even if not shown to be injurious to B's property, the Court may:

A) Order B to pay A

B) Refuse injunction

C) Declare the statement true

D) Grant an injunction to restrain the publication

21 / 100

A contracts to sell B a business and agrees not to carry it on in Chittagong. If A does carry it on, B can obtain an injunction. This is an example of an injunction to perform a:

A) Negative agreement

B) Positive agreement

C) Executed agreement

D) Void agreement

22 / 100

How much compensation can the Tribunal order for a false or malicious complaint?

A) 1,000 Taka

B) 10,000 Taka

C) 500 Taka

D) 5,000 Taka

23 / 100

Under Section 17, if a person dies before a right to sue accrues to him, limitation is computed from when?

A) Time when there is a legal representative capable of instituting the suit

B) Date the cause of action happened

C) Date of death

D) One year after death

24 / 100

When calculating the 120 days under Section 167(5), the time taken for obtaining a required sanction from an appropriate authority shall be:

A) Included in the period

B) Treated as police custody

C) Multiplied by two

D) Excluded from the period

25 / 100

Secondary evidence of a document' means-

A) none of the above

B) oral account of the contents of the documents

C) copies of that document

D) both (a) & (b)

26 / 100

Under Order XXXII, Rule 7, no next friend or guardian for the suit shall, without the leave of the Court, enter into any:

A) Business partnership

B) Property purchase

C) Marriage contract

D) Agreement or compromise on behalf of a minor with reference to the suit

27 / 100

Theft is an offence against movable property where consent to take it is:

A) Obtained by force (This becomes robbery)

B) Obtained by fraud

C) All of the above

D) Not obtained at all (or obtained without authority)

28 / 100

An injunction cannot be granted to stay proceedings in a Court that is:

A) Subordinate to the Court granting it

B) Not subordinate to that from which the injunction is sought

C) A foreign court

D) A family court

29 / 100

Under Order XXII, Rule 4, if the sole defendant dies and the right to sue survives, who shall be made a party?

A) The Government

B) The amicus curiae

C) His legal representative

D) The local police

30 / 100

Under Order XXXI, Rule 1, in all suits concerning property vested in a trustee, executor or administrator, the trustee, executor or administrator shall represent:

A) The Government

B) Only himself

C) The persons beneficially interested in such property

D) The Court

31 / 100

If property is removed under a bona fide mistake of fact (believing it to be one's own), it is:

A) Dacoity

B) Theft

C) Robbery

D) Not theft (Lack of dishonest intention)

32 / 100

When forwarding an accused to a Magistrate, the officer shall also send:

A) A full confession

B) Any weapon or other article which it may be necessary to produce

C) A sum of money

D) The victim's family

33 / 100

Section 392 of the Penal Code describes the punishment for robbery. The standard maximum imprisonment is:

A) 10 years

B) 10 years (but 14 years if committed on the highway between sunset and sunrise)

C) None of the above

D) 7 years

34 / 100

Facts which need not be proved by the parties include facts-

A) both (a) & (b)

B) of which judicial notice has to be taken

C) which have been admitted by the parties at or before the hearing

D) none of the above

35 / 100

A finds a ring belonging to Z on a table in Z's house. The ring is in Z's possession. If A dishonestly removes it, A commits:

A) Robbery

B) Dacoity

C) Theft

D) Criminal misappropriation

36 / 100

Under Order XXVI, Rule 9, the Court may issue a commission to such person as it thinks fit directing him to make:

A) A local investigation for the purpose of elucidating any matter in dispute

B) A public announcement

C) An arrest

D) A property sale

37 / 100

Under Order XXIII, Rule 1(3), if the plaintiff withdraws from a suit without the Court's permission, he shall be:

A) Fined heavily

B) Arrested

C) Precluded from instituting any fresh suit in respect of such subject-matter

D) Allowed to appeal

38 / 100

A Magistrate authorizing detention in police custody must:

A) Get the complainant's signature

B) Record his reasons for so doing

C) Notify the media

D) Fine the accused

39 / 100

Under Order XXIV, Rule 1, the defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court:

A) Immovable property

B) Half the amount claimed

C) Fake currency

D) Such sum of money as he considers a satisfaction in full of the claim

40 / 100

The circumstances under which the secondary evidence is admissible have been enumerated in Section _____ of the Bangladeshi Evidence Act.

A) 63

B) 66

C) 65

D) 64

41 / 100

Does Section 17 apply to suits for the possession of immoveable property?

A) Only in urban areas

B) Yes

C) No

D) Only if the deceased left a will

42 / 100

Robbery is defined under:

A) All of the above

B) Section 386

C) Section 390

D) Section 379

43 / 100

According to Section 14 (Explanation III), misjoinder of parties is deemed to be:

A) A cause of a like nature with defect of jurisdiction

B) A fatal error

C) Non-excusable

D) A fraudulent act

44 / 100

If a Judicial Magistrate (other than CMM/CJM) gives an order for detention, he must forward a copy of his order and reasons to:

A) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom he is subordinate

B) The District Magistrate

C) The Superintendent of Police

D) The High Court

45 / 100

Can an injunction be granted to prevent the breach of a contract the performance of which would not be specifically enforced?

A) Yes

B) Only in commercial contracts

C) No

D) Only with defendant's consent

46 / 100

What is the maximum term a Magistrate can authorize the detention of the accused in police custody under Section 167(2)?

A) 30 days in the whole

B) 10 days in the whole

C) 7 days in the whole

D) 15 days in the whole

47 / 100

An injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, EXCEPT in case of:

A) Property dispute

B) Mistake

C) Breach of trust

D) Fraud

48 / 100

In excluding the time of a former pending suit under Section 14 (Explanation I), which days are counted?

A) Only the day it ended

B) Both the day it was instituted and the day it ended

C) Only the day it was instituted

D) Neither

49 / 100

List of facts of which the judicial notice has to be taken under Section 57 of the Evidence Act is-

A) none of the above

B) both (a) & (b)

C) illustrative

D) exhaustive

50 / 100

Under Order XXIX, Rule 1, in suits by or against a corporation, any pleading may be signed and verified by:

A) The security guard

B) The Secretary or any Director or other principal officer

C) Any shareholder

D) The local UP Chairman

51 / 100

If the investigation takes more than 120 days for an offence punishable with death or imprisonment exceeding 10 years, who may release the accused on bail?

A) The Chief Judicial Magistrate

B) The High Court Division

C) The Executive Magistrate

D) The Court of Session

52 / 100

What is the minimum educational qualification for the advocate enrollment exam?

A) LL.M Degree

B) LL.B Degree

C) Ph.D

D) B.A.

53 / 100

If some persons use the threat and others receive the extorted property, all would be guilty of:

A) Theft

B) None of the above

C) Robbery

D) Extortion (acting jointly)

54 / 100

Maxim 'omnia proesumuntur rite esse acta' means all acts are presumed to be-

A) wrongly done

B) none of the above

C) not rightly done

D) rightly done

55 / 100

Extortion (under Section 384) shall be punished with imprisonment of either description for a term which may extend to:

A) Three years, or with fine, or with both

B) Six months and fine

C) None of the above

D) Ten years and fine

56 / 100

Under Section 167A(2), a Magistrate shall not authorize judicial custody if the police forwarding report discloses the arrest was made for the purpose of:

A) Interrogation

B) Detaining him under any law providing for preventive detention

C) Taking a photograph

D) Extortion

57 / 100

Under Order XXVIII, Rule 1, where any officer, soldier, sailor or airman is a party to a suit and cannot obtain leave of absence, he may:

A) Cancel the suit

B) Skip the trial entirely

C) Authorize any person to sue or defend in his stead

D) Demand a military tribunal

58 / 100

For Section 14 to apply, the previous proceeding must have been prosecuted with:

A) Extreme wealth

B) Legal counsel

C) Due diligence and in good faith

D) Written permission

59 / 100

Theft and Extortion are offences against:

A) The human body

B) The State

C) Property

D) All of these

60 / 100

Which Magistrate is strictly prohibited from authorizing detention in the custody of the police?

A) Chief Metropolitan Magistrate

B) Magistrate of the third class

C) Chief Judicial Magistrate

D) Magistrate of the first class

61 / 100

Removing ornaments from a dead body is:

A) Dacoity

B) Theft

C) Robbery

D) Criminal misappropriation of property possessed by a deceased person (Section 404)

62 / 100

Can an advocate guarantee to win a case?

A) No, it is misconduct

B) For extra fee

C) In civil cases

D) Yes, with confidence

63 / 100

Secondary evidence of a document is admissible as a substitute for-

A) inadmissible primary evidence under certain circumstances

B) admissible primary evidence

C) inadmissible primary evidence under all the circumstances

D) none of the above

64 / 100

Under Section 167, if an investigation cannot be completed in 24 hours, the officer shall transmit a copy of diary entries and forward the accused to the:

A) Superintendent of Police

B) Nearest Jailer

C) Nearest Judicial Magistrate

D) Nearest Executive Magistrate

65 / 100

Under Order XXIII, Rule 1, at any time after the institution of a suit, the plaintiff may:

A) Change the judge

B) Force the defendant to settle

C) Transfer the case to another district

D) Abandon his suit or abandon a part of his claim

66 / 100

For the purposes of Chapter XIV, "judicial custody" means:

A) Custody in a safe house

B) Custody in the police station lockup

C) Custody under the CID

D) Custody of an accused in jail or other non-police custody under the order of a Court/Magistrate

67 / 100

The police officer shall require the complainant and witnesses to execute a bond to:

A) Keep the peace

B) Drop the charges

C) Appear before the Magistrate as directed and prosecute or give evidence

D) Pay for the trial

68 / 100

If an applicant for an injunction to perform a negative agreement has failed to perform the contract so far as it is binding on him, the Court will:

A) Not grant the injunction

B) Grant it with a fine

C) Order specific performance instead

D) Still grant the injunction

69 / 100

The offence of theft is defined under:

A) None of the above

B) Section 302

C) Section 376

D) Section 378

70 / 100

Documents which are not covered under Section 74 of the Evidence Act are called-

A) all the above

B) quasi-public documents

C) private documents

D) semi-public documents

71 / 100

Under Order XXII, Rule 8, the insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless:

A) The Court dismisses it

B) The defendant is also insolvent

C) The receiver declines to continue the suit

D) The plaintiff is arrested

72 / 100

Does the 120-day rule for bail under Section 167(5) apply to offences under Section 400 or 401 of the Penal Code (belonging to a gang of dacoits/thieves)?

A) Only if the accused is a minor

B) Yes, fully

C) No, it shall not apply

D) Only if the police agree

73 / 100

Under Section 167A(1), if police want to show an already confined person arrested in another case, the Magistrate shall not allow it unless:

A) The police chief demands it

B) The person is produced before him, given a hearing, and the application is well-founded

C) The person pays a fee

D) The person signs a confession

74 / 100

If a subordinate police-officer investigates a case, he shall report the result to:

A) The officer in charge of the police-station

B) The Magistrate directly

C) The Superintendent of Police

D) The High Court

75 / 100

Which is NOT an element of theft?

A) Moving the property

B) Immovable property (Theft only applies to movable property)

C) Removal from possession

D) Dishonest intention

76 / 100

Secondary evidence is admissible where the non-production of primary evidence-

A) has been accounted for

B) both (a) & (b)

C) has not been accounted for

D) neither (a) nor (b)

77 / 100

A contracts to sell the goodwill of a business to B, then sets up a similar business close by and solicits old customers. B may obtain an injunction because A's act is contrary to his:

A) Express contract

B) Moral duty

C) Implied contract

D) Statutory duty

78 / 100

Theft in a dwelling house is described in:

A) Section 380

B) None of the above

C) Section 378

D) Section 379

79 / 100

Contents of a document may be proved under Section 61 of the Evidence Act-

A) by primary evidence

B) either by primary or by secondary

C) none of the above

D) by secondary evidence

80 / 100

Where the accused removed bricks which had been left lying for eight years, it was held that:

A) He was guilty of theft

B) He was not guilty of theft (Likely deemed abandoned property)

C) He was guilty of robbery

D) None of the above

81 / 100

Which committee manages the Advocates Benevolent Fund?

A) Finance Committee

B) Legal Education

C) Rules Committee

D) Executive Committee

82 / 100

Under Order XXXII, Rule 15, the provisions relating to minors shall also apply to:

A) Persons adjudged, before or during the pendency of the suit, to be of unsound mind

B) Senior citizens

C) Foreigners

D) Women

83 / 100

An injunction cannot be granted to prevent a continuing breach in which the applicant has:

A) Acquiesced

B) Sued previously

C) Participated

D) No interest

84 / 100

Extortion is defined in:

A) Section 379

B) Section 382

C) Section 380

D) Section 383

85 / 100

Under Order XXVII, Rule 1, in any suit by or against the Government, the plaint or written statement shall be signed by:

A) The Prime Minister

B) Such person as the Government may appoint in this behalf

C) The President

D) Any citizen

86 / 100

Section 379 of the Penal Code provides for:

A) The definition of Robbery

B) The definition of Extortion

C) The definition of Theft

D) The punishment for theft

87 / 100

Z takes away a golden chain belonging to his wife (given by her father as dowry) without her consent and pledges it to raise money. Z is:

A) Not guilty because it's joint property

B) Guilty of theft

C) None of the above

D) Not guilty because the taking was temporary

88 / 100

Contents of a document under Section 59 of the Evidence Act-

A) can be proved by oral evidence

B) may or may not be proved by oral evidence

C) can not be proved by oral evidence

D) none of the above

89 / 100

Oral account of the contents of a document is admissible when given by a person-

A) all of the above

B) to whom the document was read over

C) who has seen and read the document

D) who has seen but not read the document

90 / 100

Under Order XXX, Rule 1, any two or more persons claiming or being liable as partners and carrying on business may sue or be sued in the name of:

A) The firm (if any) of which such persons were partners at the time of the accruing of the cause of action

B) The eldest partner

C) A random employee

D) Their respective wives

91 / 100

If a suit requires a mandatory notice period under any enactment, is that notice period excluded from limitation?

A) No

B) Only for government suits

C) Only if it exceeds 30 days

D) Yes

92 / 100

According to Section 14 (Explanation II), a plaintiff resisting an appeal is deemed to be:

A) Prosecuting a proceeding

B) Delaying the court

C) Waiving his rights

D) Wasting time

93 / 100

A document required by law to be attested can be proved under Section 68 of the Evidence Act only by calling-

A) some other person who has the knowledge of the contents

B) at least one of the attesting witnesses

C) both the attesting witnesses

D) all of the above

94 / 100

A deposits books for safe custody with B. B loses them. This illustration relates to the recovery of specific moveable property under:

A) Section 10

B) Section 11

C) Section 9

D) Section 8

95 / 100

Under Order XXXII, Rule 1, every suit by a minor shall be instituted in his name by a person who in such suit shall be called the:

A) Guardian ad litem

B) Amicus curiae

C) Next friend

D) Recognized agent

96 / 100

A manufactures crucibles and falsely designates them "patent". B pirates the designation. Can A obtain an injunction against B?

A) Only if B admits guilt

B) No, A's use of description is not honest

C) Yes

D) Yes, for damages

97 / 100

In which section is extortion by putting a person in fear of death or grievous hurt defined?

A) None of the above

B) Section 380

C) Section 386

D) Section 379

98 / 100

Under Order XXVI, Rule 1, the Court may in any suit issue a commission for the examination of:

A) The plaintiff only

B) Any person who refuses to come to court

C) The defendant only

D) Any person resident within the local limits of its jurisdiction who is exempted from attending the Court or who is from sickness or infirmity unable to attend it

99 / 100

According to Order XXIII, Rule 3, where it is proved that a suit has been adjusted wholly or in part by any lawful agreement or compromise, the Court shall:

A) Order a trial

B) Record such agreement, compromise or satisfaction and pass a decree in accordance therewith

C) Reject the agreement

D) Refer to mediation

100 / 100

Under Order XXV, Rule 1, at any stage of a suit, the Court may order the plaintiff to give security for the payment of:

A) The judge's salary

B) The witness's family expenses

C) The defendant's business losses

D) All costs incurred and likely to be incurred by any defendant

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Bar Council Full Model Test 26 English | 100 Marks 60 Min