Bar Council Full Model Test 27 English

Bar Council Full Model Test 27 (English)

Bangladesh Bar Council Preliminary Full Model Test 27

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 Order XLI, Rule 1(1), the memorandum of appeal shall be accompanied by:

A) Affidavits from all witnesses

B) A blank cheque

C) A copy of the decree appealed from and (unless dispensed with) the judgment

D) The original property deeds

2 / 100

Under Order XXXVII, Rule 2(3), in a summary suit, the defendant shall not defend the suit unless he:

A) Enters an appearance and obtains leave from the Court

B) Pays the full amount

C) Files a written statement immediately

D) Appears and asks for time

3 / 100

Section 79 of the Evidence Act applies to-

A) other documents duly certified to be genuine by a Government officer

B) certificates issued by a Government officer

C) certified copies issued by a Government officer

D) all the above

4 / 100

Attempt to commit robbery is punishable under:

A) Section 378

B) Section 379

C) Section 390

D) Section 393

5 / 100

Under Order XXXIII, Rule 1, any suit may be instituted by a "pauper" (indigent person), who is a person:

A) Not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint

B) Who is very rich but refuses to pay

C) Who is below 18 years

D) Who is a foreigner

6 / 100

Which statement is correct regarding criminal misappropriation?

A) Both (a) and (b)

B) It occurs when one innocently obtains possession of movable property and later changes his intention to dishonestly keep it

C) None of the above

D) Finding lost property and keeping it is never misappropriation

7 / 100

A' took Rs. 50,000 from 'B' by putting 'B' in fear of death. 'A' has committed:

A) Cheating

B) Robbery (Extortion by putting in fear of instant death amounts to robbery)

C) Mischief

D) Extortion (The provided answer key says Extortion, though technically it escalates to Robbery under Sec 390 if the fear is of instant death and the offender is present)

8 / 100

Under Section 21(h), a contract cannot be specifically enforced if a material part of the subject-matter, supposed to exist, has:

A) Been transferred

B) Decreased in value

C) Ceased to exist before it was made

D) Increased in value

9 / 100

Preparation to commit dacoity is punishable under:

A) Section 379

B) None of the above

C) Section 399

D) Section 392

10 / 100

If an acknowledgment in writing is undated, can oral evidence be given of the time it was signed?

A) Only documentary evidence is allowed

B) No, it becomes invalid

C) Yes

D) Only if there are two witnesses

11 / 100

A railway company contracts to buy land to erect a cotton-mill. This contract cannot be enforced because it is:

A) Revocable

B) Void for uncertainty

C) A continuous duty

D) In excess of its powers

12 / 100

If an accused is discharged based on an interim report, can their name be included later in the final police report if substantive evidence is found?

A) Only if the Supreme Court orders it

B) Yes, the Investigating Officer shall not be precluded from including his name

C) No, double jeopardy applies

D) Only if a new FIR is filed

13 / 100

Under Order XXXV, Rule 1, in every suit of interpleader the plaint shall, in addition to other statements, state:

A) That the plaintiff is bankrupt

B) That the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs

C) That the plaintiff is a minor

D) That the plaintiff claims full ownership

14 / 100

Under Order XLI, Rule 3, where the memorandum of appeal is not drawn up in the manner prescribed, it may be:

A) Sent to the trial court

B) Accepted anyway

C) Rejected, or be returned to the appellant for the purpose of being amended

D) Published in a newspaper

15 / 100

In which case is criminal breach of trust committed?

A) A postmaster receives money from depositors but does not enter it in their accounts and uses it

B) A goldsmith fails to make a chain on time and doesn't return the money (Could be a civil breach unless dishonest intent from the start is proven)

C) The provided key selects (b) as the clearest example

D) A contractor uses fewer cement bags than provided by the Govt and passes the rest to another (Also CBT)

16 / 100

Can an advocate handle a case where they previously acted as a judge?

A) Yes

B) With permission

C) No, under no circumstances

D) If parties agree

17 / 100

Under Order XXXIX, Rule 1, where in any suit it is proved by affidavit or otherwise that any property in dispute is in danger of being wasted, damaged or alienated, the Court may grant a:

A) Warrant of arrest

B) Permanent injunction

C) Decree of divorce

D) Temporary injunction

18 / 100

The essence of the offence of robbery is the presence of:

A) All of the above

B) Fear or violence

C) Imminent fear or violence (Fear of instant death, instant hurt, or instant wrongful restraint)

D) Distant fear

19 / 100

Which section of the Penal Code defines dacoity?

A) None of the above

B) Section 391

C) Section 390

D) Section 378

20 / 100

Section 92 of the Evidence Act is applicable to disputes between-

A) two strangers where the document is in question

B) a party to the instrument and a stranger

C) the parties to the instrument only

D) all the above

21 / 100

Section 90 of the Evidence Act applies-

A) both testament and non-testamentary documents

B) testamentary documents

C) none of the above

D) non-testamentary documents

22 / 100

Which Article mentions that the Bar Council shall have its own fund?

A) Article 10

B) Article 20

C) Article 15

D) Article 13

23 / 100

Does an acknowledgment need to specify the exact nature of the property or right to be valid under Section 19?

A) No, it may be sufficient even if it omits the exact nature

B) Yes, strictly

C) Only for debts over 1 lakh Taka

D) Only for real estate

24 / 100

Criminal misappropriation takes place when:

A) The property is movable

B) Possession may have been acquired innocently initially

C) There is a subsequent dishonest appropriation or conversion of the property

D) All of the above

25 / 100

Section 88A of Evidence Act provides for presumption as to-

A) both (a) & (b)

B) none of the above

C) the electronic message forwarded corresponds with the message as fed in the computer

D) the person to whom the message is sent

26 / 100

A charter-party entered into to load a cargo and proceed to London cannot be specifically enforced. This falls under which clause of Section 21?

A) Clause (d)

B) Clause (a)

C) Clause (c)

D) Clause (b)

27 / 100

Under Section 173A, before completion of an investigation, who may require the Investigating Officer to submit an interim investigation report?

A) The local UP Member

B) The accused's lawyer

C) The Police Commissioner or District Superintendent of Police or equivalent rank

D) Any citizen

28 / 100

If the police-officer uses the diary to refresh his memory, or the Court uses it to contradict him, the accused can invoke which sections of the Evidence Act?

A) Section 161 or 145

B) Section 24 and 25

C) Section 300 and 302

D) Section 10 and 11

29 / 100

A contracts to employ B on personal service. B cannot enforce specific performance under Section 21(b) because it is dependent on:

A) Personal qualifications

B) Adequate compensation

C) Minute details

D) Revocable terms

30 / 100

Can an advocate become a surety (guarantor) for their client?

A) Yes, always

B) For relatives

C) Subject to contract

D) No, it is improper

31 / 100

An officer requiring a bond from a witness shall deliver a copy thereof to:

A) The accused

B) The media

C) One of the persons who executed it

D) The jailer

32 / 100

Under Order XXXIV, Rule 1, subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to:

A) Defamation

B) Marriage disputes

C) Simple contracts

D) Mortgages

33 / 100

Under Order XXXIII, Rule 2, every application for permission to sue as a pauper shall contain the particulars required in regard to:

A) Affidavits

B) A written statement

C) Plaints in suits

D) Appeals

34 / 100

Under Order XXXIX, Rule 6, the Court may, on the application of any party to a suit, order the sale, by any person named in such order, of:

A) The court furniture

B) Any immovable property

C) Any smuggled goods

D) Any movable property which is the subject-matter of such suit and which is subject to speedy and natural decay

35 / 100

The jurisdiction to decree specific performance is capable of correction by a:

A) Court of appeal

B) Mediator

C) Registrar

D) Police officer

36 / 100

Which statement correctly distinguishes theft from extortion?

A) In theft there is dishonest intention, in extortion there is not

B) In theft, property is taken without consent; in extortion, property is delivered by the victim due to fear

C) In theft there is dishonest intention, in extortion there is fraudulent intention

D) In extortion there is dishonest intention, in theft there is not

37 / 100

The report forwarded to the Magistrate under Section 173 is commonly known as a:

A) Police-report (or Charge Sheet / Final Report)

B) Inquest Report

C) First Information Report (FIR)

D) Dying Declaration

38 / 100

Under Order XXXIV, Rule 2, in a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a:

A) Summary judgment

B) Decree for arrest

C) Final decree immediately

D) Preliminary decree

39 / 100

Under Section 18, if a person is kept from the knowledge of his right to sue by fraud, when does the time begin to run?

A) From the date of the contract

B) From the date the fraud was committed

C) 12 years after the fraud

D) From the time when the fraud first became known to the person injuriously affected

40 / 100

Under Order XLI, Rule 5(1), an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as:

A) The Appellate Court may order

B) The trial court decides automatically

C) The appellant desires

D) The police direct

41 / 100

Attempt to commit dacoity is punishable under:

A) Section 393 (Robbery) / Section 395 covers Dacoity generally

B) Section 394

C) Section 395

D) None of the above (Attempt to commit dacoity is generally punished under Sec 395 itself or 393/398 depending on circumstances; the provided key says (a), referring to attempt to robbery)

42 / 100

Under Order XXXVIII, Rule 5, where, at any stage of a suit, the Court is satisfied that the defendant is about to dispose of his property to obstruct or delay the execution of any decree, it may direct him to:

A) Leave the country

B) Admit the claim

C) Furnish security or produce the property and place it at the disposal of the Court

D) Go to jail

43 / 100

Section 91 of the Evidence Act applies to-

A) transactions which are reduced into writing voluntarily

B) both (a) & (b)

C) none of the above

D) transactions which must be in writing

44 / 100

Oral evidence under Section 60 of the Evidence Act may be-

A) both (a) & (b)

B) none of the above

C) hearsay

D) direct

45 / 100

Assembling for the purpose of committing dacoity is punishable under:

A) None of the above

B) Section 391

C) Section 396

D) Section 402 (The key says (c) Section 399, but 399 is Preparation. Assembling is 402)

46 / 100

Under Order XXXVII, Rule 1, the summary procedure applies to suits upon:

A) Defamation

B) Immovable property

C) Divorce

D) Bills of exchange, hundies and promissory notes

47 / 100

A, B, and C are joint owners of a property. A removes the property without the consent of B and C.

A) A is guilty of criminal misappropriation only

B) A can be guilty of theft even as a joint owner if he dishonestly deprives the others

C) A is not guilty as he is an owner

D) A is guilty of breach of trust

48 / 100

Under Section 18, if a necessary document is fraudulently concealed, limitation starts when:

A) The person first had the means of producing it or compelling its production

B) The police are informed

C) The defendant confesses

D) The court orders a search

49 / 100

How should an advocate address the opposing counsel during a hearing?

A) By name

B) No specific rule

C) Brother/Sir

D) My Learned Friend

50 / 100

The want or failure of consideration as contemplated under Proviso 1 to Section 92 of the Evidence Act invalidating a document is a-

A) substantial want or failure

B) partial want or failure

C) complete want or failure

D) none of the above

51 / 100

Under Section 83 of the Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of maps and plans made by-

A) both (a) & (b) above

B) none of the above

C) the authority of Government

D) private persons

52 / 100

Dacoity is committed when:

A) 2 or more persons commit robbery

B) 5 or more persons conjointly commit or attempt to commit robbery

C) Robbery is committed with firearms

D) All of these

53 / 100

Under Section 20, what is the effect of payment on account of a debt before the expiration of the prescribed period?

A) It has no effect on limitation

B) The debt is forgiven

C) The limitation is halved

D) A fresh period of limitation shall be computed from the time payment was made

54 / 100

What is the effect of a valid acknowledgment under Section 19?

A) A fresh period of limitation shall be computed from the time it was signed

B) The suit is automatically won

C) It stops time permanently

D) The limitation period is extended by 6 months

55 / 100

For a payment to start a fresh period under Section 20, the acknowledgment of payment must appear in:

A) The handwriting of, or in a writing signed by the person making the payment

B) A bank statement

C) The creditor's ledger only

D) A stamped receipt only

56 / 100

How are candidates' names arranged on the ballot paper in Bar Council elections?

A) By lottery

B) By seniority

C) Alphabetical Order

D) By enrollment number

57 / 100

Under Order XXXVI, Rule 1, parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a:

A) Written statement

B) Plaint

C) Case for the opinion of the Court

D) Affidavit

58 / 100

A contracts to buy B's business at a valuation by two valuers. A instructs his valuer not to proceed. Under Section 21, the contract is:

A) Not specifically enforceable

B) Enforceable

C) Voidable by B

D) Subject to arbitration

59 / 100

Which statement is correct regarding finding lost property?

A) A partner using a firm's car without permission is always guilty of misappropriation

B) A person who finds lost property and dishonestly converts it to his own use without trying to find the owner commits criminal misappropriation

C) Removing ornaments from a dead body is misappropriation (Sec 404)

D) None of the above

60 / 100

Period of thirty years under Section 90 of the Evidence Act is to be reckoned from the date on which the document-

A) all the above

B) relied upon

C) tendered in evidence, when genuineness becomes a subject of proof

D) filed in the court

61 / 100

A tenant for life assigns his interest to B. C contracts to buy it. A dies from injury before completion. If B knew but C did not, specific performance should be:

A) Granted with penalty

B) Granted to B

C) Enforced against C

D) Refused to B

62 / 100

Under Order XXXVIII, Rule 1, where at any stage of a suit it appears that the defendant has absconded or left the local limits to delay the plaintiff, the Court may issue a warrant to:

A) Attach his property

B) Dismiss the suit

C) Arrest the defendant and bring him before the Court

D) Sell his property

63 / 100

An agreement to sell railway-shares of a particular description that are limited in number can be specifically enforced because:

A) They are immoveable

B) Company demands it

C) Their possession carries the status of a share-holder

D) They are cheap

64 / 100

If a complainant or witness refuses to attend or execute a bond, the officer in charge may:

A) Fine them 1000 Taka

B) Drop the case entirely

C) Forward him in custody to the Magistrate

D) Shoot them

65 / 100

According to Section 173B(1), every investigation under this Chapter shall be completed within:

A) 15 working days

B) 120 working days

C) 30 working days

D) 60 working days

66 / 100

Section 79 of the Evidence Act contains

A) an irrebuttable presumption of law

B) none of the above

C) a rebuttable presumption of law

D) a presumption of fact

67 / 100

Which is an essential element of criminal breach of trust?

A) Taking possession by force

B) Transfer of absolute ownership

C) None of the above

D) Entrustment (which often implies a contractual or fiduciary relationship)

68 / 100

Which section defines Criminal Breach of Trust?

A) None of the above

B) Section 404

C) Section 403

D) Section 405

69 / 100

Under Order XXXIII, Rule 10, where the plaintiff succeeds in a pauper suit, the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper shall be:

A) Waived permanently

B) Donated to charity

C) Paid by the judge

D) Calculated and recovered by the Government from any party ordered by the decree to pay the same

70 / 100

Under which section is dacoity with murder described?

A) Section 399

B) Section 396

C) None of the above

D) Section 378

71 / 100

Under Order XL, Rule 3, every receiver so appointed shall:

A) Sell the property secretly

B) Ignore the Court's directions

C) Furnish such security as the Court thinks fit, and submit his accounts

D) Keep the property for himself

72 / 100

Under Section 171, a complainant or witness on his way to Court shall NOT be:

A) Allowed to use public transport

B) Given any protection

C) Required to accompany a police-officer or subjected to unnecessary restraint

D) Allowed to speak to anyone

73 / 100

Under Section 171(2), whose responsibility is it to ensure that the complainant or witness appears before the Court at the time of the hearing?

A) The police-officer

B) The accused

C) The Court clerk

D) The Magistrate

74 / 100

If death is caused after a theft, in order to successfully carry away the stolen property, the offence becomes:

A) Robbery

B) Extortion

C) Dacoity

D) Murder only

75 / 100

The presumption under Section 90 of the Evidence Act can be drawn in respect of-

A) certified copies

B) all the above

C) original documents

D) uncertified copies

76 / 100

In cases of Wills, the period of thirty years shall run from the date of-

A) registration of the Will, is registered

B) none of the above

C) the will

D) the death of the testator

77 / 100

Under Order XXXIX, Rule 2(3), in case of disobedience or breach of any terms of an injunction, the Court may order the property of the person guilty of such disobedience to be attached, and may also order such person to be detained in the civil prison for a term not exceeding:

A) Three months

B) One month

C) Six months

D) One year

78 / 100

"Signed" in Section 19 means signed:

A) Only personally

B) Only by an agent

C) Either personally or by an agent duly authorized

D) By a magistrate

79 / 100

Section 91 of the Evidence Act prohibits admission of oral evidence as to the existence or non-existence of a factum.

A) True

B) False

C) none of the above

D) partly true

80 / 100

Under Order XL, Rule 1, where it appears to the Court to be just and convenient, the Court may by order appoint a:

A) Amicus curiae

B) Prime Minister

C) Receiver of any property, whether before or after decree

D) Next friend

81 / 100

Under Section 172, a police-officer making an investigation shall enter his proceedings day by day in a:

A) Diary

B) Public blog

C) Newspaper column

D) Personal notebook

82 / 100

Specific performance of a resolution passed by Directors to allot shares can be substituted with compensation under Section 19 if:

A) Plaintiff prefers money

B) Shares dropped in value

C) All the shares had been allotted before the suit

D) Company is bankrupt

83 / 100

What is the form requirement for an acknowledgment under Section 19?

A) It must be typed

B) It must be registered

C) It must be in writing and signed

D) It must be notarized

84 / 100

Under Section 173(1)(b), the officer must communicate the action taken by him to:

A) The local UP Chairman

B) The media

C) The President

D) The person by whom the information relating to the commission of the offence was first given

85 / 100

As soon as the investigation is completed, the officer in charge shall forward to the Magistrate a report in the form prescribed by the:

A) Government

B) Supreme Court

C) Inspector General of Police

D) District Magistrate

86 / 100

Due execution of a document more than thirty years old coming from proper custody, is a-

A) rebuttable presumption of law

B) irrebuttable presumption of law

C) none of the above

D) presumption of fact

87 / 100

Under Order XLI, Rule 1, every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the:

A) Police Station

B) Supreme Court

C) Ministry of Law

D) Court or to such officer as it appoints in this behalf

88 / 100

Which is NOT an essential ingredient of criminal breach of trust?

A) Entrustment of property

B) Misappropriation

C) Negligence (It requires dishonest intention, not mere negligence)

D) None of the above

89 / 100

Any Criminal Court may send for the police-diaries to use them:

A) As substantive evidence in the case

B) Not as evidence, but to aid it in the inquiry or trial

C) To publish them

D) To fine the police officer

90 / 100

According to Section 173(3A), if the case has sufficient evidence (Section 170 applies), what must be forwarded along with the report?

A) The statements recorded under Sec 161(3) of witnesses the prosecution proposes to examine

B) A signed confession of the accused

C) Both A and B

D) All documents the prosecution proposes to rely on

91 / 100

The police diary must set forth:

A) A statement of circumstances ascertained

B) All of the above

C) The time information reached him and the time investigation began/closed

D) The places visited by him

92 / 100

An acknowledgment of liability under Section 19 must be made:

A) After the limitation period has expired

B) Orally

C) Before the expiration of the prescribed period

D) Through a public notice

93 / 100

Z has got possession of an idol belonging to A's family. The specific delivery of the idol is compelled because:

A) It is an immoveable property

B) Possession was wrongfully transferred

C) Compensation in money would not afford adequate relief

D) It's held as an agent

94 / 100

A copy of the police report forwarded under Section 173 shall, on application, be furnished to:

A) The accused before the commencement of the inquiry or trial

B) Anyone who asks

C) The media

D) The victim only

95 / 100

Under Section 173, every investigation shall be completed:

A) Whenever the police feel like it

B) Within 10 years

C) Within exactly 1 year

D) Without unnecessary delay

96 / 100

Are the accused or his agents entitled to call for the police-diaries?

A) Yes, at any time

B) Yes, if they pay a fee

C) Yes, but only in murder cases

D) Neither the accused nor his agents shall be entitled to call for them

97 / 100

Does forwarding a report under Section 173 preclude the police from conducting FURTHER investigation?

A) Only in non-cognizable cases

B) No, if further evidence is obtained, a further report regarding such evidence shall be forwarded

C) Yes, absolutely

D) Only if the Magistrate explicitly forbids it

98 / 100

The maximum punishment for standard theft under Section 379 is:

A) Two years

B) None of the above

C) One year

D) Three years (or fine, or both)

99 / 100

Where the writing is a fact in issue, Section 91 of the Evidence Act-

A) prohibits admission of oral evidence to prove the contents of a document

B) none of the above

C) permits admission of oral evidence to prove the contents of a document

D) both (a) & (b)

100 / 100

If the interim report under 173A discloses insufficient evidence against an accused, the Magistrate may order to:

A) Sentence them

B) Fine them heavily

C) Hang them

D) Discharge such accused

The average score is 0%

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Bar Council Full Model Test 27 English | 100 Marks 60 Min