Bar Council Full Model Test 28 English

Bar Council Full Model Test 28 (English)

Bangladesh Bar Council Preliminary Full Model Test 28

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

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under Section 93, of the Evidence Act in respect of-

A) both (a) and (b)

B) ambiguitas patens

C) ambiguitas latens

D) none of the above

2 / 100

According to Order XLVIII, Rule 1, every process issued under the CPC (English) shall be served at the expense of:

A) The Court

B) The Government

C) The party on whose behalf it is issued

D) The opposite party

3 / 100

If upon submission of the report, the Court is satisfied an accused ought to be treated as a witness in the interest of justice, the Court:

A) May pass an order to that effect

B) Must ask the police for permission

C) Must sentence them anyway

D) Cannot do anything

4 / 100

Which Magistrates are empowered to hold an inquest under Section 174(5)?

A) Only the Chief Metropolitan Magistrate

B) Any District Magistrate or any other Executive Magistrate specially empowered

C) Any third class Magistrate

D) Any Judicial Magistrate

5 / 100

A threatens to publish a defamatory libel concerning B unless B gives him money. B complies. A commits:

A) Criminal intimidation

B) Robbery

C) Extortion

D) Theft

6 / 100

The inquest report shall be signed by the police-officer and the concurring inhabitants, and forwarded to:

A) The local UP Chairman

B) The High Court

C) The District Magistrate

D) The Chief Justice

7 / 100

In cases of robbery or dacoity, the right of private defence of property extends to voluntarily causing:

A) Any harm including death (Section 103)

B) Any harm other than grievous hurt

C) None

D) Any harm other than death

8 / 100

Under Order VI, Rule 17, the Court may allow either party to alter or amend his pleadings:

A) Only before the framing of issues

B) Only at the appellate stage

C) Only during the trial

D) At any stage of the proceedings

9 / 100

What must the inquest report describe?

A) The deceased's financial status

B) Wounds, fractures, bruises, other marks of injury, and by what weapon they appear to have been inflicted

C) The weather conditions only

D) The suspects' names only

10 / 100

Can a person commit a criminal breach of trust regarding their own property?

A) None of the above

B) Sometimes

C) No (Generally, you cannot misappropriate your own absolute property, though you can if another holds a special right in it; the standard answer is No)

D) Yes

11 / 100

Mistake referred to in Proviso 1 to Section 192 [92] of the Evidence Act refers to-

A) mutual mistake

B) both (a) & (b)

C) unilateral mistake

D) none of the above

12 / 100

The police officer shall proceed to the place where the body is and make an investigation in the presence of:

A) At least ten people

B) Two or more respectable inhabitants of the neighborhood

C) Only other police officers

D) A judge

13 / 100

Under Section 24(a), specific performance cannot be enforced in favour of a person who could not recover:

A) Possession

B) Initial deposit

C) Compensation for its breach

D) Title deed

14 / 100

Under Order XLII, Rule 1, the rules of Order XLI shall apply, so far as may be, to:

A) Original suits

B) Appeals from appellate decrees

C) Interlocutory orders

D) Criminal trials

15 / 100

Presumption as to the accuracy of maps & plans made by the authority of Government is contained in Section _____ of the Bangladeshi Evidence Act.

A) 83

B) 81

C) 82

D) 84

16 / 100

A bequeaths land to trustees to sell with B's written consent. B gives general prospective assent. They contract to sell to C. Can they specifically enforce this against C?

A) Yes, general assent is enough

B) Yes

C) No, title is not free from reasonable doubt

D) Only if B dies

17 / 100

House-trespass can take the aggravated form of:

A) Lurking house-trespass by night

B) House-breaking

C) All of the above

D) Lurking house-trespass

18 / 100

Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under Section 90A of the Evidence Act if the electronic record produced is-

A) 15 years

B) 5 years old

C) 10 years

D) 20 years

19 / 100

Mischief is an offence primarily dealing with:

A) Physical injury to a person

B) Both person and property

C) None of the above

D) Damage or destruction to property

20 / 100

Under Section 174(3), when there is doubt regarding the cause of death, the police officer shall forward the body to:

A) The nearest Civil Surgeon or other qualified medical man appointed by Government

B) The graveyard

C) A private clinic

D) The deceased's family

21 / 100

The report drawn up by the police concerning the cause of death under Section 174 is commonly known as an:

A) Inquest Report

B) FIR

C) Autopsy Report

D) Charge Sheet

22 / 100

An acknowledgment made by the manager of a Hindu undivided family (Section 21(3)):

A) Binds only the manager

B) Is deemed to have been made on behalf of the whole family

C) Is invalid

D) Requires consent of all members

23 / 100

Under Order XLI, Rule 11, the Appellate Court, after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may:

A) Arrest the appellant

B) Must call the respondent

C) Dismiss the appeal without sending notice to the Court from whose decree the appeal is preferred and without serving notice on the respondent

D) Not dismiss the appeal at all

24 / 100

The offence of theft becomes robbery when, in order to commit theft, the offender voluntarily causes or attempts to cause:

A) Acts by 5 or more persons

B) Mischief

C) Force

D) Death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint

25 / 100

According to Order VIII, Rule 6A, a defendant in a suit may set up any right or claim in respect of a cause of action accruing to the defendant against the plaintiff as a:

A) Cross-appeal

B) Counter-claim

C) Review petition

D) Revision

26 / 100

Under Order XLI, Rule 23, where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may:

A) Remand the case

B) Arrest the trial judge

C) Dismiss the suit

D) Keep the case pending forever

27 / 100

X and Y agree to commit theft in Z's house, but no theft is actually committed. They are guilty of:

A) Abetment by conspiracy (requires an overt act)

B) Abetment by instigation

C) No offence

D) Criminal conspiracy (The agreement itself is the offence)

28 / 100

Does a written acknowledgment signed by one of several joint partners automatically bind the other partners under Section 21(2)?

A) Yes, always

B) Yes, if they are blood relatives

C) Yes, if the business is registered

D) No, it does not render others chargeable by reason only of that signature

29 / 100

A is invited by B for tea. A finds a gold ring on the table, picks it up, and hides it in the room intending to take it later. A commits:

A) No offence

B) Attempt to commit theft

C) Extortion

D) Theft (The act of moving the property dishonestly completes the theft, even if not yet taken out of the house. The provided key says (b) Extortion, which is clearly wrong. The correct legal answer is Theft.)

30 / 100

A is entitled to land if he doesn't sell for 25 years. Forgetting this, A contracts to sell to C. The Court will:

A) Order C to pay B

B) Compel performance

C) Not compel its specific performance in favour of C

D) Cancel the will

31 / 100

A had an affair with Z's wife. She gives A valuable property belonging to Z without Z's authority. A takes it dishonestly. A commits:

A) Criminal breach of trust

B) Theft

C) Extortion

D) Theft and breach of trust

32 / 100

According to Order XLVII, Rule 1, an application for review of a judgment can be made on the ground of:

A) Some mistake or error apparent on the face of the record

B) Discovery of new and important matter or evidence

C) Any other sufficient reason

D) All of the above

33 / 100

Admissibility of electronic record has been prescribed in Section _____ of the Bangladeshi Evidence Act.

A) 76

B) 65A

C) 65B

D) 55

34 / 100

Due execution and authentication of a power of attorney shall be presumed under Section 85 of the Evidence Act when executed before and authentication by-

A) all the above

B) a magistrate

C) a judge

D) a notary

35 / 100

Persons summoned under Section 175 are bound to attend and answer truly all questions EXCEPT those which:

A) Relate to their family

B) Are asked after 5 PM

C) Have a tendency to expose him to a criminal charge, penalty, or forfeiture

D) Relate to the weather

36 / 100

Under Section 22(1), when a new plaintiff or defendant is substituted or added after a suit is instituted, the suit is deemed instituted against him:

A) When he was so made a party

B) At the time of the final hearing

C) From the date of the cause of action

D) On the original filing date

37 / 100

If at the conclusion of the trial, the Court finds the investigating officer negligently failed to collect admissible evidence or examine a material witness, it may:

A) Treat the act/omission as misconduct or incompetence and direct legal action against the officer

B) Do nothing

C) Promote the officer

D) Fine the victim

38 / 100

A voluntarily throws a bag belonging to B into a river, intending to cause wrongful loss to B. A has committed:

A) Theft

B) Mischief

C) Extortion

D) Robbery

39 / 100

Under Order VII, Rule 11(c), if the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, the Court shall:

A) Dismiss the suit immediately

B) Require the plaintiff to supply the requisite stamp-paper within a time to be fixed

C) Send the plaintiff to jail

D) Arrest the defendant

40 / 100

If the investigation is NOT completed within the extended time, the investigating officer shall:

A) Report the reasons in writing to the Magistrate and send a copy to the superior officer

B) Fabricate evidence

C) Hide the file

D) Arrest someone else

41 / 100

A's property is auctioned. C inadvertently bids for A. The crowd thinks C is a puffer. Lot goes to B at a low price. Specific performance should be:

A) Granted if B pays double

B) Refused to B

C) Declared valid

D) Granted to B

42 / 100

Presumption as to the genuineness of gazettes in electronic form has been dealt with in Section _____ of the Bangladeshi Evidence Act.

A) 90A

B) 81A

C) 73A

D) 88A

43 / 100

Under Order XLV, Rule 2, whoever desires to appeal to the Appellate Division shall apply by petition to the:

A) Trial Court

B) District Court

C) Local Police

D) Court whose decree is complained of

44 / 100

Under Section 175, a police-officer proceeding under Section 174 may summon persons for the investigation by:

A) A phone call

B) Word of mouth

C) A public announcement

D) Order in writing

45 / 100

X committed theft in a building. Z, the chowkidar, kept the gate open intentionally to facilitate X's safe retreat with the stolen property. Z is:

A) Not guilty of abetment

B) Guilty of theft by instigation

C) Guilty of abetment of theft by intentionally aiding

D) Guilty of theft

46 / 100

Upon considering the application for an extension under Section 173B, the Magistrate may:

A) Extend the time for investigation as may be deemed reasonable

B) Suspend the officer

C) Fine the officer 5000 Taka

D) Deny it without reading

47 / 100

Section 176 mandates an inquiry by a Magistrate into the cause of death if the person dies:

A) In a hospital

B) In a road accident

C) While in the custody of the police

D) At home of old age

48 / 100

For a mere unlawful entry upon another's land without the specific intent required for criminal trespass, the remedy is:

A) A civil suit for trespass

B) Criminal prosecution

C) Both (a) and (b)

D) None of the above

49 / 100

Under Section 173B, the 60 working days are calculated from the date of:

A) The medical examination

B) The receipt of the information relating to the offence

C) The arrest of the accused

D) The first court hearing

50 / 100

Under Order XLI, Rule 19, where an appeal is dismissed for appellant's default, the appellant may apply to the Appellate Court for the re-admission of the appeal; and if it is proved that he was prevented by any:

A) Advice of a friend

B) Financial problem

C) Sufficient cause from appearing

D) Lack of legal knowledge

51 / 100

Under Order VI, Rule 18, if a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose, or if no time is thereby limited then within:

A) 7 days

B) 30 days

C) 60 days

D) 14 days

52 / 100

Under Order VII, Rule 11(b), the plaint shall be rejected where the relief claimed is:

A) Against the Government

B) Not clear

C) Undervalued and the plaintiff fails to correct the valuation within the time fixed

D) Overvalued

53 / 100

Under Section 24, for an act not actionable without special damage, when does the period of limitation begin?

A) When the act is done

B) When the injury results

C) When the plaintiff discovers the act

D) When the defendant admits liability

54 / 100

In Section 20, "Debt" includes:

A) Money payable under a decree or order of Court

B) Only bank loans

C) Moral obligations

D) Only verbal promises

55 / 100

Under the proviso to Section 174(1), an investigation or report is NOT generally necessary if the death was caused by:

A) Poison

B) Enemy action

C) A wild animal

D) Machinery

56 / 100

Under Section 174, the officer shall immediately give intimation of a suicide or suspicious death to:

A) The High Court

B) The local newspaper

C) The nearest Executive Magistrate empowered to hold inquests

D) The nearest hospital

57 / 100

Under Order XLI, Rule 27, the parties to an appeal shall not be entitled to produce additional evidence in the Appellate Court unless:

A) They simply want to

B) It is an oral statement

C) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or the Appellate Court requires it

D) The lawyer advises it

58 / 100

Burden of proof" means-

A) the burden of proof as a matter of law and pleadings is burden of establishing a case

B) both (a) & (b)

C) none of the above

D) the burden of proof as to introduction of evidence

59 / 100

Within how many days must an advocate notify the Bar Council if joining another profession?

A) Within 15 days

B) No need to inform

C) Immediately

D) Within a month

60 / 100

If the facts at an inquest do not disclose a cognizable offence (Section 170 does not apply), the summoned persons:

A) Shall not be required by the police-officer to attend a Magistrate's Court

B) Must pay a fine

C) Must still go to the Magistrate's Court

D) Are arrested anyway

61 / 100

A meets Z on the road and demands his belongings under threat of instant hurt. While Z delivers his purse, A forcefully snatches Z's gold chain. A commits:

A) Robbery by theft only

B) Robbery by extortion only

C) Robbery by theft as well as robbery by extortion

D) Extortion (for the purse) and Robbery (by theft for the chain). The key says (a) Extortion, but practically it's Robbery on both counts due to instant threat and presence.

62 / 100

Section 174 deals with the police inquiring and reporting on:

A) Petty theft

B) Traffic accidents with no injuries

C) Suicide, or someone killed by another, animal, machinery, or suspicious circumstances

D) Tax evasion

63 / 100

Under Order XLVII, Rule 4, an application for review shall be rejected if:

A) The decree has already been appealed

B) It appears to the Court that there is not sufficient ground for a review

C) The opposite party objects to it

D) The judge has been transferred

64 / 100

Under Order XLIII, Rule 1, an appeal shall lie from which of the following orders?

A) An order passing a final decree

B) A judgment in an original suit

C) An order under rule 10 of Order VII returning a plaint

D) A summons to a witness

65 / 100

(Illustration) B digs coal under A's surface field. Surface subsides later. When does A's limitation period against B run?

A) From the time of the subsidence

B) From the time A bought the field

C) From the time B started digging

D) Never

66 / 100

The standard punishment for simple house-trespass (Section 448) is:

A) Imprisonment up to 1 year, or fine up to 1000 Taka, or both

B) Imprisonment up to 2 years

C) None of the above

D) Imprisonment up to 3 years

67 / 100

Which Article of the Limitation Act governs the 90-day appeal period against a Tribunal order?

A) Article 156

B) Article 114

C) Determined by special law (Bar Council Order)

D) Article 150

68 / 100

Is it mandatory to join a Bar Association?

A) No, optional

B) Yes, mandatory to practice

C) Only for High Court

D) Only for Dhaka Bar

69 / 100

A contracts to sell B land and make a road. A cannot make the road without litigation. Specific performance of the road part should be:

A) Substituted

B) Refused to B

C) Done by B

D) Forced on A

70 / 100

Which statement correctly distinguishes theft from extortion?

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

B) In extortion there is dishonest intention, in theft there is not.

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

D) In theft property is taken without consent; in extortion property is delivered by the victim due to intentionally created fear.

71 / 100

Under Section 21(1), the expression "agent duly authorised" for a person under disability includes:

A) His neighbor

B) Any lawyer

C) His lawful guardian, committee or manager

D) His elder sibling

72 / 100

Section 92 of the Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of-

A) contradicting its terms

B) adding to its terms

C) all the above

D) varying its terms

73 / 100

Who is co-opted if an elected member resigns?

A) Candidate with next highest votes

B) Any advocate

C) Preferred person

D) A judge

74 / 100

If the investigation cannot be completed within 60 working days, the investigating officer shall:

A) Record reasons for delay, apply to the Magistrate for extension, and forward a copy to the superior officer

B) Drop the charges

C) Close the file

D) Release all suspects

75 / 100

Under Order XLI, Rule 22, any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any:

A) Fresh evidence without permission

B) Cross-objection to the decree which he could have taken by way of appeal

C) Direct action

D) Hostage

76 / 100

A acts as an agent for B to buy C's house, but is actually acting for his own account. Can A enforce specific performance?

A) Yes

B) No

C) Only if pays C extra

D) Only if B agrees

77 / 100

Under Section 23, in the case of a continuing breach of contract, when does a fresh period of limitation begin to run?

A) At the end of the contract

B) When a notice is served

C) At every moment of the time during which the breach continues

D) From the first day of breach only

78 / 100

Forgery is an offence relating to:

A) Movable Property

B) None of the above

C) Documents or electronic records

D) Bodily hurt

79 / 100

Section 90 of the Evidence Act applies-

A) testamentary documents

B) none of the above

C) both testament and non-testamentary documents

D) non-testamentary documents

80 / 100

Under Section 20(2), if mortgaged land is in the possession of the mortgagee, what is deemed to be a payment?

A) Selling the land

B) Foreclosure

C) Paying land tax

D) Receipt of the rent or produce of such land

81 / 100

Which conclusion can be drawn from 'De minimis non curat lex'?

A) A child under 9 commits no offence

B) Every person is liable for his own acts

C) The law does not take account of trifling acts (Trifling acts do not constitute an offence)

D) Necessity knows no law

82 / 100

Criminal breach of trust by a public servant, banker, merchant, or agent is punishable under:

A) Section 406

B) Section 400

C) None of the above

D) Section 409

83 / 100

A makes a voluntary settlement of property on his brothers, then contracts to sell it to a stranger. Can A enforce this contract?

A) Yes, if pays brothers

B) No, not so as to override the settlement

C) Yes

D) Yes, if stranger pays double

84 / 100

In Section 23(c), specific performance may be obtained by any person beneficially entitled thereunder, if the contract is a:

A) Sale of goods

B) Commercial lease

C) Insurance policy

D) Settlement on marriage

85 / 100

Punishment for standard criminal breach of trust is prescribed in:

A) Section 416

B) Section 406

C) None of the above

D) Section 407

86 / 100

Does Section 22(1) apply if a party is added owing to an assignment of an interest during the pendency of a suit?

A) Only for plaintiffs

B) No, Section 22(2) explicitly excludes this

C) Yes

D) Only for defendants

87 / 100

Under Section 92 of the Evidence Act oral evidence to explain the real nature of the transaction is admissible where the document-

A) none of the above

B) documents is complete in itself

C) records all the terms of the contract

D) does not record all the terms of the contract

88 / 100

A contracts to let and B to take an unfinished house, B to finish it. B finishes it defectively. Can B enforce the contract specifically?

A) Yes, if repairs

B) Yes, if A agrees

C) Yes

D) No, he cannot enforce it specifically

89 / 100

If the officer fails to complete the investigation in extended time, the Magistrate may direct that the investigation be conducted by another officer OR:

A) Fine the officer's department

B) Release the accused unconditionally and forever

C) Treat the delay as incompetence/misconduct and cause a note in the officer's Annual Confidential Report

D) Put the officer in jail for 30 days

90 / 100

Section 92 of the Evidence Act applies to-

A) none of the above

B) unilateral documents

C) bilateral documents

D) both (a) & (b)

91 / 100

Under Proviso 2 to Section 92 of the Evidence Act oral evidence is admissible where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

A) partly true

B) False

C) True

D) none of the above

92 / 100

Under Order XLVI, Rule 1, a reference of a question of law can be made to the High Court Division by:

A) The Plaintiff

B) The Court trying the suit or appeal

C) The Government

D) The Defendant

93 / 100

Public documents are mentioned in Section _____ of the Bangladeshi Evidence Act.

A) 75

B) 72

C) 74

D) 73

94 / 100

Under Order XLVII, Rule 7, an order of the Court rejecting an application for review is:

A) Appealable

B) Appealable with special leave

C) Subject to second appeal

D) Not appealable

95 / 100

Section 91 of the Evidence Act applies to documents which are-

A) tripartite

B) bilateral

C) all the above

D) unilateral

96 / 100

Under Order XLI, Rule 10, the Appellate Court may, in its discretion, demand from the appellant:

A) An apology letter

B) Security for the costs of the appeal

C) Half of the decreed amount

D) Security for the judge's travel expenses

97 / 100

Under Order XLI, Rule 17, where on the day fixed for hearing the appeal, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be:

A) Allowed

B) Dismissed

C) Decreed ex parte

D) Sent to the Supreme Court

98 / 100

What is the function of the Finance Committee?

A) Funding

B) Collecting fees

C) Fining

D) Budget and financial supervision

99 / 100

A sues B for specific performance to buy a house. B proves he assumed it included an adjoining yard. The Court will enforce it:

A) Exactly as written

B) Not at all

C) Except with the variation set up by B

D) Only for the yard

100 / 100

Which statement correctly defines Criminal Breach of Trust?

A) Whoever uses movable property in violation of a contract.

B) Whoever, being entrusted with property, dishonestly misappropriates or converts it to his own use, commits criminal breach of trust. (The key says (b), which describes Criminal Misappropriation. Entrustment is key for CBT).

C) None of the above.

D) Whoever dishonestly misappropriates any property for his own use.

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Bar Council Full Model Test 28 English | 100 Marks 60 Min