Bar Council Full Model Test 29 English

Bar Council Full Model Test 29 (English)

Bangladesh Bar Council Preliminary Full Model Test 29

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 is put in fear of injury in Court X's jurisdiction and induced to deliver property in Court Y's jurisdiction. Where can extortion be tried?

A) Only Y

B) Only X

C) Either X or Y

D) None of the above

2 / 100

According to Order IX, Rule 14, no decree shall be set aside on any application under Rule 13 (setting aside ex parte decree) unless notice thereof has been served on the:

A) Government pleader

B) Court clerk

C) Appellate Court

D) Opposite party

3 / 100

If the Court refuses to enforce a contract specifically, and the plaintiff prayed in the alternative, it may direct the contract to be:

A) Ignored

B) Registered

C) Sold to third party

D) Rescinded and delivered up to be cancelled

4 / 100

Which of the following is an INCORRECT ingredient of theft?

A) Dishonest intention to take movable property

B) Property must be taken out of someone's possession without consent

C) There must be some moving of the property

D) The taking must be with the intention to retain the property permanently (Temporary deprivation is sufficient for theft)

5 / 100

Which section explicitly states that statements made to police during an investigation shall not be signed by the maker?

A) Section 162

B) Section 164

C) Section 163

D) Section 161

6 / 100

The offence of theft is related to:

A) Any valuable thing

B) Both movable and immovable property

C) Immovable property only

D) Movable property only

7 / 100

Under Order XIII, Rule 9, any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall be entitled to receive back the same:

A) Never, it becomes Court property

B) When the suit is one in which an appeal is not allowed, when the suit has been disposed of

C) Only if he pays a fee

D) Before the suit is disposed of

8 / 100

The offence of being a thug or dacoity may be inquired into or tried by a Court where:

A) The police station is located

B) The offence was committed

C) The victim is

D) The person charged is

9 / 100

Where can the offence of having escaped from custody be tried?

A) Where the person charged is

B) Where the original conviction took place

C) Only where the escape happened

D) Where the arrest warrant was issued

10 / 100

Accepting a contingent fee based on the outcome of a case is—

A) Lawful with permission

B) Lawful

C) Unlawful and misconduct

D) Lawful in civil cases

11 / 100

In a suit for rectification, the Court may rectify the instrument without prejudice to rights acquired by:

A) The plaintiff

B) Third persons in good faith and for value

C) The defendant

D) The government

12 / 100

Under Order VIII, Rule 9, no pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except:

A) By the leave of the Court

B) By the plaintiff as of right

C) By order of the High Court

D) By consent of the parties

13 / 100

Can an accused advocate be defended by another lawyer before the Tribunal?

A) Submit written reply

B) Yes, can appoint another advocate

C) No, must self-defend

D) Take help

14 / 100

Under Section 26, how long must access and use of light or air be peaceably enjoyed to become an absolute easement against a private party?

A) 20 years

B) 60 years

C) 30 years

D) 12 years

15 / 100

Under Order XIX, Rule 2, upon any application evidence may be given by affidavit, but the Court may order the attendance for cross-examination of the:

A) Court officer

B) Judge

C) Deponent

D) Pleader

16 / 100

A fraudulently grants C a prior lease and procures it to be registered after selling to B. B may obtain:

A) C's arrest

B) Cancellation of this lease

C) Double damages

D) Refund

17 / 100

(Illustration) A Hindu makes a note bearing a Native date, payable 4 months after date. Limitation is computed according to:

A) Whichever is shorter

B) The Gregorian calendar

C) The Native calendar

D) Whichever is longer

18 / 100

Who is primarily responsible for translating the Canons of Professional Conduct into Bengali?

A) Ministry of Law

B) Bangla Academy

C) Bangladesh Bar Council

D) Supreme Court

19 / 100

Under Order XVIII, Rule 16, where a witness is about to leave the jurisdiction of the Court, the Court may take the evidence of such witness:

A) Only after the framing of issues

B) Immediately (de bene esse)

C) During the appeal stage

D) By asking him to send a letter

20 / 100

Any person' in Section 106 of the Evidence Act refers to-

A) all the above

B) a witness

C) a person who is not a party to the suit but interested in the outcome of the suit

D) a stranger to the State

21 / 100

Under Section 179, if an act is done in one jurisdiction and its consequence ensues in another, where can the offence be tried?

A) Only where the consequence ensued

B) Only where the act was done

C) By the High Court

D) By a Court within the local limits of whose jurisdiction either the act was done or the consequence ensued

22 / 100

When a Magistrate holds an inquiry under Section 176, he has all the powers in conducting it which he would have in holding an inquiry into:

A) A civil dispute

B) An offence

C) A traffic violation

D) A political rally

23 / 100

According to Section 25, all instruments shall be deemed to be made with reference to which calendar?

A) Hijri calendar

B) Gregorian calendar

C) Julian calendar

D) Bengali calendar

24 / 100

Under Order XVI, Rule 12, if a witness fails to appear and cannot provide a lawful excuse, the Court may impose a fine not exceeding:

A) 5000 Taka

B) 1000 Taka

C) 500 Taka

D) 100 Taka

25 / 100

Under Order XV, Rule 2, where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may:

A) At once pronounce judgment for or against such defendant

B) Wait for the trial to conclude for all

C) Dismiss the suit against all

D) Proceed ex parte against him

26 / 100

A marriage settlement intended an annuity for wife B. Husband C goes insolvent. The Court may rectify it so the assignee:

A) Sells it

B) Takes whole

C) Has no right to any part of the annuity

D) Takes half

27 / 100

Where can a charge of receiving or retaining stolen goods be tried?

A) Where the goods were stolen

B) Either A or B

C) Where the victim resides

D) Where any of the goods were dishonestly received or retained

28 / 100

A charge of abetment may be inquired into or tried by the Court within the local limits of whose jurisdiction:

A) The abetment was committed

B) The offence abetted was committed

C) Only where the accused is caught

D) Either A or B

29 / 100

X turned his wife out of the house and refused to return her ornaments and clothes (her stridhan) despite demands. X has committed:

A) Criminal intimidation

B) Cheating

C) No offence

D) Criminal breach of trust (Misappropriating property entrusted to him by marriage)

30 / 100

How must an easement (like a watercourse) be enjoyed to become indefeasible under Section 26?

A) Secretly

B) With a written contract

C) By paying rent

D) Openly, peaceably, and as of right without interruption

31 / 100

Under Order IX, Rule 5, if the plaintiff fails to apply for a fresh summons within one month from the date the previous summons returned unserved, the Court shall:

A) Proceed ex parte

B) Extend the time automatically

C) Make an order that the suit be dismissed

D) Appoint a receiver

32 / 100

The test of ascertaining on which side the burden of proof lies is contained in Section _____ of the Bangladeshi Evidence Act.

A) 100

B) 101

C) 102

D) 103

33 / 100

The offence of theft relates to:

A) Immovable property only

B) Both movable and immovable

C) Movable property only

D) Intangible property only

34 / 100

If a cognizable case is investigated, the investigation is legally authorized by Section:

A) 156

B) 154

C) 155

D) 160

35 / 100

(Illustration) Plaintiff proves open enjoyment of a right of way from 1890 to 1910. Suit brought in 1911. Is he entitled to judgment?

A) Yes

B) No

C) Only if he shows a deed

D) Only against the government

36 / 100

Section 106 of the Evidence Act is applicable to such matters which are capable of being known to the persons other than the defendant

A) none of the above

B) partly true

C) False

D) True

37 / 100

If an easement is claimed over Government property, what is the required period of continuous enjoyment?

A) 100 years

B) 20 years

C) 60 years

D) 30 years

38 / 100

What symbols are used in the logo of the Bangladesh Bar Council?

A) Scales

B) Only Water Lily

C) Book and pen

D) Water Lily and Scales

39 / 100

Under Order XI, Rule 12, any party may apply to the Court for an order directing any other party to any suit to make discovery on oath of the:

A) Previous criminal records

B) Names of their relatives

C) Bank accounts they hold

D) Documents which are or have been in his possession or power, relating to any matter in question therein

40 / 100

According to Section 154, what must be done to oral information about a cognizable offence given to a police station officer?

A) Broadcasted

B) Typed on a computer immediately

C) Kept secret

D) Reduced to writing

41 / 100

In criminal trials, it is bound to presume the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged-

A) False

B) partly true

C) True

D) none of the above

42 / 100

According to Order XVII, Rule 3, where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, the Court may:

A) Transfer the case

B) Adjourn the suit indefinitely

C) Proceed to decide the suit forthwith

D) Arrest the party

43 / 100

Dishonest intention must precede the act of taking in:

A) Theft (The initial moving must be with dishonest intent)

B) Criminal misappropriation (Intention can form later)

C) Criminal breach of trust

D) None of the above

44 / 100

Who has the power to direct that any cases sent for trial in any district may be tried in any sessions division?

A) The Government

B) The Supreme Court

C) The High Court Division

D) The District Magistrate

45 / 100

Under Order XIII, Rule 1, original documents must be produced by the parties:

A) At the time of filing the appeal

B) Only during cross-examination

C) At or before the settlement of issues

D) At the time of final argument

46 / 100

Under Order XI, Rule 21, if any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, and he is a plaintiff, he shall be liable to have his:

A) Suit dismissed for want of prosecution

B) Written statement struck out

C) Bank account frozen

D) Property attached

47 / 100

Section 39 allows an instrument to be adjudged void. If registered, a copy of the decree is sent to the registering officer to:

A) Fine parties

B) Note on the copy the fact of its cancellation

C) Arrest forger

D) Delete record

48 / 100

According to the Explanation in Section 26, is an interruption valid if it is not submitted to or acquiesced in for one year after the claimant has notice?

A) Only for water rights

B) Only for light and air

C) Yes

D) No, it is not an interruption within the meaning of the section

49 / 100

If an act is an offence by reason of its relation to another offence, it may be tried by a Court where:

A) Either act was done

B) Only the first act was done

C) Only the second act was done

D) The accused was arrested

50 / 100

A finds a watch on the floor of a bus as he leaves. He picks it up, keeps it, and sells it the next day without trying to find the owner. A is liable for:

A) Theft

B) Extortion

C) Criminal misappropriation of property

D) Criminal breach of trust

51 / 100

Under Order XII, Rule 1, any party to a suit may give notice, by his pleading, or otherwise in writing, that he:

A) Wants a transfer of the case

B) Admits the truth of the whole or any part of the case of any other party

C) Denies the jurisdiction of the Court

D) Refuses to pay costs

52 / 100

Under Section 176(2), to discover the cause of death, a Magistrate may cause a body that has already been interred (buried) to be:

A) Ignored

B) Cremated immediately

C) Photographed from above ground

D) Disinterred and examined

53 / 100

A servant collected money owed to his master. He retained the money, claiming it was due to him as unpaid wages. He commits:

A) Criminal misappropriation

B) Criminal breach of trust (He was entrusted to collect and hand over the money)

C) Theft

D) No offence

54 / 100

Which of the following is an essential element of criminal breach of trust?

A) The property must be immovable

B) Entrustment (which creates a fiduciary or contractual duty)

C) Transfer of absolute possession

D) Taking by fraudulent means

55 / 100

Which statement correctly defines theft?

A) Dishonest removal of any property

B) Dishonest removal of one's property

C) Removal of property from custody without consent

D) Dishonest moving of movable property out of the possession of any person without that person's consent

56 / 100

Section 27A applies where specific performance is claimed by the lessee, and he has taken possession and has:

A) Done some act in furtherance of the contract

B) Sued the lessor

C) Registered it

D) Paid full amount

57 / 100

Under Order XVI, Rule 14, the Court may of its own accord summon as witnesses:

A) Strangers to the suit

B) Only the defendant

C) Only the plaintiff

D) The judge himself

58 / 100

Under Order IX, Rule 2, the suit may be dismissed where summons is not served upon the defendant in consequence of the plaintiff's failure to:

A) Hire a lawyer

B) File a written statement

C) Pay the court-fee or postal charges for such service

D) Appear in court

59 / 100

If police investigation of a minor offence (less than 10 years imprisonment) exceeds 120 days, who has the power to grant statutory bail under Section 167(5)(a)?

A) The Court of Session

B) The Officer in charge of the police station

C) The High Court Division

D) The Magistrate empowered to take cognizance

60 / 100

In cases of dishonest misappropriation, the initial possession of the property is often:

A) Dishonest

B) Fraudulent

C) None of the above

D) Innocent (or lawful, the dishonesty arises subsequently)

61 / 100

Under Order XVIII, Rule 3, where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option:

A) Shift the burden of proof

B) Produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party

C) Refuse to produce any evidence

D) Ask for a summary judgment

62 / 100

Which of the following is correct?

A) All of the above are correct statements regarding the transition from immovable to movable

B) Immovable property becomes the subject of theft as soon as it has been severed

C) Immovable property attached to the earth is not capable of being the subject of theft

D) Immovable property becomes the subject of theft if it is severed from the earth

63 / 100

In criminal trials, the onus is on the accused to prove that his case falls in any of-

A) the proviso to any provision

B) the special exception

C) all the above

D) the general exception

64 / 100

A puts his scooter in B's garage on a foggy night. B finds it and removes it to the side of the road.

A) B is liable for mischief

B) B committed no offence as he acted to protect his property (removed trespassing goods without dishonest intent)

C) B committed theft

D) B committed trespass to goods

65 / 100

According to Section 177, where shall an offence ordinarily be inquired into and tried?

A) By the High Court Division

B) By a Court in the capital city

C) By the Court where the accused resides

D) By a Court within the local limits of whose jurisdiction it was committed

66 / 100

Section 105 of the Evidence Act applies to-

A) both (a) & (b)

B) criminal trials

C) civil trials

D) none of the above

67 / 100

X and Y were traveling. X handed his ticket to Y to check. Y pretended to return X's ticket but substituted it with his own invalid one, keeping X's valid ticket. Y committed:

A) Criminal misappropriation (or Cheating, but misappropriation of the entrusted ticket fits well; key says (c))

B) Theft

C) Cheating

D) Extortion

68 / 100

The 20-year period for acquiring an easement must end within how many years next before the institution of the suit?

A) Five years

B) Three years

C) Two years

D) One year

69 / 100

If a decree for specific performance of sale has been made, and the purchaser makes default in payment, the Court may:

A) Rescind the contract

B) Imprison him

C) Forgive debt

D) Give more time

70 / 100

Section 27 deals with the exclusion in favour of the reversioner of a servient tenement held under an interest for life or a term exceeding:

A) One year

B) Three years

C) Five years

D) Two years

71 / 100

Which is true as to the standard of proof in criminal & civil proceedings in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is 'upon the balance of probabilities'

A) partly true

B) none of the above

C) True

D) False

72 / 100

Under Order X, Rule 2, at the first hearing of the suit, the Court may orally examine:

A) Any party appearing in person or present in Court

B) Only the defendant

C) Only the plaintiff

D) The general public

73 / 100

Under Section 35(a), a contract may be rescinded if it is:

A) Unregistered

B) Voidable or terminable by the plaintiff

C) Oral contract

D) Made by minor

74 / 100

Extortion is defined in:

A) Section 383

B) Section 387

C) Section 390

D) Section 384

75 / 100

Which of the following is an INCORRECT illustration of theft?

A) A takes his own bundle from a constable who was accountable for it

B) A cuts down a tree on B's land to dishonestly take it

C) A mail-sorter secretes a letter to share the collections

D) A takes B's stick out of his hand in order to beat him with it (This is assault/criminal force, not theft, as there is no intent to wrongfully deprive B of the property itself)

76 / 100

Under the Penal Code, who among the following is absolutely immune from committing theft?

A) None of the above

B) A child between 9 and 12 years with maturity

C) A child below 12 years

D) A child below 9 years of age (Historically 7, amended by Children Act 2013)

77 / 100

Under Proviso 4 to Section 92 of the Evidence Act, oral evidence is admissible in cases where-

A) the law required the contract to be in writing

B) none of the above

C) the contract has been registered under the law of registration of documents

D) the contract has been written voluntarily & not required by laws to be so written

78 / 100

Burden of proof is lightened by-

A) presumptions

B) admissions

C) estoppels

D) all the above

79 / 100

Point out the INCORRECT statement regarding theft:

A) Theft can consist of taking immovable property

B) It is done without consent

C) It involves taking out of possession

D) It requires dishonest intention

80 / 100

Section 110 of the Evidence Act in its operation is-

A) none of the above

B) limited to movable property

C) limited to immovable property

D) not limited to immovable property and applies to moveable property as well

81 / 100

Burden of introducing evidence under Section 102 of the Evidence Act-

A) none of the above

B) constantly shifts

C) never shifts

D) occasionally shifts

82 / 100

A is wounded within the jurisdiction of Court X and dies within the jurisdiction of Court Z. Where can the offence of culpable homicide be tried?

A) Only Z

B) Only by the Supreme Court

C) Either X or Z

D) Only X

83 / 100

One of two executors erroneously believes he has the other's authority and contracts to sell property to B. Can B insist on the sale being completed?

A) Yes

B) Yes, for half

C) Yes, full price

D) No

84 / 100

A confession recorded by a Magistrate must include a memorandum certifying his belief that it was:

A) Detailed

B) Factually accurate

C) Made with a lawyer present

D) Voluntarily made

85 / 100

In criminal trials, the accused has to establish his plea mitigation or justification of an offence-

A) beyond reasonable doubt

B) substantially

C) prima facie

D) none of the above

86 / 100

In criminal proceedings, the burden of proof is on-

A) the prosecution to prove the guilt of the accused

B) both the parties

C) none of the above

D) the accused to prove his innocence

87 / 100

Under Order XIV, Rule 4, where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court, it may:

A) Proceed without framing issues

B) Dismiss the suit

C) Ask the police to investigate

D) Adjourn the framing of issues to a future day

88 / 100

In cases of suicide or suspicious death (Section 174(1)(a)(b)(c)), a Magistrate empowered to hold inquests:

A) Cannot hold an inquiry

B) MAY hold an inquiry either instead of, or in addition to, the police investigation

C) Must only observe

D) MUST hold an inquiry

89 / 100

What is an advocate's primary duty to their client?

A) Win by any means

B) Insult

C) Protect best interest within bounds of law

D) Prolong case

90 / 100

Which of the following statements is generally correct in criminal law?

A) An innocent principal is always liable

B) An innocent principal is not vicariously liable for the criminal fraud of his agent (unless strict liability applies)

C) An innocent agent is liable for the principal's fraud

D) None of the above

91 / 100

(Illustration) Plaintiff enjoyed right for 20 years but defendant proves plaintiff asked his leave once during that time. Result of the suit?

A) Suit shall be dismissed

B) Plaintiff wins

C) Plaintiff must pay rent

D) Restart 20-year count

92 / 100

Under Order XI, Rule 1, any party may deliver interrogatories in writing for the examination of the opposite parties with the:

A) Permission of the police

B) Consent of the opposite party

C) Help of a mediator

D) Leave of the Court

93 / 100

Burden of proof under Section 101 of the Evidence Act-

A) never shifts

B) none of the above

C) goes on shifting as the trial proceeds

D) may shift

94 / 100

Under Order VIII, Rule 6A(2), a counter-claim shall have the same effect as a:

A) Interlocutory application

B) Rejoinder

C) Cross-suit

D) Written statement

95 / 100

A non-cognizable case investigation by police strictly requires an order from:

A) The Superintendent of Police

B) An Executive Magistrate

C) A police inspector

D) A 1st or 2nd Class Magistrate with power to try/send for trial

96 / 100

An officer deciding NOT to investigate a case due to insufficient grounds acts under which proviso?

A) Section 164

B) Section 154

C) Section 160

D) Section 157(1) proviso (b)

97 / 100

Burden of proof substantially determines the right to begin

A) none of the above

B) True

C) False

D) partly true

98 / 100

A person who was not a public servant created a false belief that he was in office and obtained gratification. He committed:

A) Misappropriation

B) Extortion

C) Bribery

D) Cheating (by personation)

99 / 100

Robbery becomes dacoity when committed conjointly by:

A) 5 or more persons

B) None of the above

C) 3 or 4 persons

D) 2 persons

100 / 100

Under Section 28(c), specific performance cannot be enforced if a party's assent was given under the influence of:

A) Mistake of fact, misapprehension or surprise

B) Legal advice

C) Alcohol

D) Poverty

The average score is 0%

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Bar Council Full Model Test 29 English | 100 Marks 60 Min