Bar Council Full Model Test 03 English

Bar Council Full Model Test 03 (English)

Bangladesh Bar Council Preliminary Full Model Test 03

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

All Executive Magistrates appointed under Sections 10 and 12(1) shall be subordinate to the:

A) Sessions Judge

B) Chief Judicial Magistrate

C) High Court

D) District Magistrate

2 / 100

Special Magistrates (Judicial) are appointed by the Government in consultation with the:

A) Attorney-General

B) District Magistrate

C) Chief Justice

D) High Court Division

3 / 100

"Common intention" under Section 34 means:

A) None of the above

B) Pre-concert of minds

C) Similar intention

D) Coincidental intention

4 / 100

Alibi is governed by

A) section 12 of Evidence Act

B) section 8 of Evidence Act

C) section 6 of Evidence Act

D) section 11 of Evidence Act

5 / 100

Under Section 19, any person suing for the specific performance of a contract may also ask for:

A) Criminal charges

B) Compensation for its breach

C) Arrest of the defendant

D) Immediate eviction

6 / 100

Where immovable property is sold in execution of a decree and the sale becomes absolute, the property vests in the purchaser from (Section 65):

A) The time when the property is sold

B) The time the sale becomes absolute

C) The date of court registration

D) The date of the original decree

7 / 100

The Government may require an Executive Magistrate to perform the functions of a Judicial Magistrate for a period determined in consultation with the:

A) Supreme Court

B) Law Ministry

C) High Court Division

D) District Magistrate

8 / 100

Under Section 83, alien enemies residing in Bangladesh may sue in Courts if they have the permission of:

A) The Government

B) The Supreme Court

C) The Attorney General

D) The High Court Division

9 / 100

Section 18 outlines the purchaser's rights against a vendor with:

A) Registered title

B) Joint title

C) Imperfect title

D) Perfect title

10 / 100

Benches of Magistrates may be directed to sit together by the:

A) Mayor

B) Sessions Judge

C) Government

D) Police Commissioner

11 / 100

If a disability continues up to the death of the person, who can institute the suit?

A) His legal representative

B) Any relative

C) The Government

D) No one

12 / 100

Who may appoint Justices of the Peace for the mafassal?

A) The Chief Justice

B) The Government

C) The Police Commissioner

D) The District Magistrate

13 / 100

Regarding Section 34:

A) It is only a rule of evidence

B) None of the above

C) Both (a) and (b)

D) It creates a substantive offence

14 / 100

To apply Section 34, there must be at least:

A) 5 persons

B) 10 persons

C) 7 persons

D) 2 persons

15 / 100

All Judicial Magistrates and Benches constituted under Section 15 shall be subordinate to the:

A) Executive Magistrate

B) Superintendent of Police

C) District Magistrate

D) Chief Judicial Magistrate

16 / 100

Section 89A deals with the resolution of disputes through:

A) Conciliation

B) Arbitration

C) Negotiation

D) Mediation

17 / 100

The Government may invest the Chief Judicial Magistrate with power to try all offences NOT punishable with:

A) Transportation for life

B) Imprisonment for 10 years

C) Death

D) Fine

18 / 100

According to Section 20, is the liquidation of damages a bar to specific performance?

A) Only if the court allows

B) Only in immoveable property cases

C) No

D) Yes

19 / 100

Joint Sessions Judges shall be subordinate to the:

A) Sessions Judge

B) Chief Judicial Magistrate

C) District Magistrate

D) High Court Division

20 / 100

All Metropolitan Magistrates shall be subordinate to the:

A) Police Commissioner

B) Mayor

C) District Magistrate

D) Chief Metropolitan Magistrate

21 / 100

Section 21A requires that a contract for sale of any immovable property cannot be specifically enforced unless it is:

A) Stamped with a Tk. 100 stamp

B) In writing and registered under the Registration Act, 1908

C) Approved by the local chairman

D) Verbal and witnessed

22 / 100

Admissions

A) both (b) & (c) are correct

B) can be examined in parts

C) can be examined as a whole or in parts

D) must be examined as a whole and not in parts

23 / 100

If a person is a minor at the time the right to sue accrues, when can he institute the suit?

A) Immediately through a friend only

B) Never

C) Within the same period after the disability has ceased

D) Within one year of attaining majority

24 / 100

Before a man can be held liable under Section 34:

A) Both (a) and (b) are required

B) Only common intention is enough without participation

C) There must have been common intention

D) He must have participated in the act in some manner

25 / 100

A foreign State may sue in any Court in Bangladesh provided that (Section 84):

A) It has an embassy in Bangladesh

B) The subject matter is worth over 1,00,000 Taka

C) It has been recognized by the Government

D) It is a member of the UN

26 / 100

If a legal representative is also affected by a disability at the date of death, do the rules of Section 6 apply to him?

A) Only if he is insane

B) No

C) Only if he is a minor

D) Yes

27 / 100

What is the total number of members in the Enrollment Committee?

A) 3 members

B) 5 members

C) 9 members

D) 7 members

28 / 100

Under Section 82, execution shall not be issued on a decree against the Government unless it remains unsatisfied for a period of:

A) One month

B) Two months

C) Six months

D) Three months from the date of the report

29 / 100

If the period of limitation expires on a day when the Court is closed, when can the suit be instituted?

A) Within 30 days of re-opening

B) The suit becomes barred

C) On the day the Court re-opens

D) On the next working day of the following week

30 / 100

Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under

A) section 18 of Evidence Act

B) section 17 of Evidence Act

C) section 16 of Evidence Act

D) section 19 of Evidence Act

31 / 100

The Government may confer Executive Magistrate powers on a police officer not below the grade of:

A) Superintendent of Police

B) Sub-Inspector

C) Inspector

D) Assistant Superintendent of Police

32 / 100

Section 14 of Evidence Act makes relevant the facts which show the existence of

A) a particular state of mind and a state of body

B) any state of body or bodily feeling

C) any state of mind

D) either state of mind or of body or bodily feeling

33 / 100

A and B go to murder C. A stands as a guard with a spear to facilitate the murder by B.

A) Both A and B are liable for murder

B) A is not liable

C) Only A is liable for murder

D) Only B is liable for murder

34 / 100

What is the mandatory notice period before instituting a suit against the Government or a public officer for an official act (Section 80)?

A) Two months

B) Six months

C) One month

D) Three months

35 / 100

Under Section 5, an appeal may be admitted after the period of limitation if the appellant satisfies the Court that:

A) He had sufficient cause for not preferring the appeal

B) The opposing party agrees

C) He is willing to pay a penalty

D) He was busy with personal work

36 / 100

Any offence under the Penal Code may be tried by:

A) All of the above

B) The High Court Division

C) Any other Court shown in the eighth column of the second schedule

D) The Court of Session

37 / 100

Which of the following is considered a legal disability under Section 6?

A) Insolvency

B) Being a minor, insane, or an idiot

C) Imprisonment

D) Poverty

38 / 100

If a judgment-debtor resists the purchaser in obtaining possession of sold immovable property without just cause, the Court may detain the judgment-debtor for up to (Section 74):

A) 90 days

B) 30 days

C) 15 days

D) 60 days

39 / 100

A, B, and C go to a Post Office. B & C enter and ask the Post Master for money. C fires a pistol and the Post Master is killed. A is waiting outside.

A) Only C is liable for murder

B) Both B & C are liable

C) All of them will be guilty of causing death

D) None of the above

40 / 100

No outer door of a dwelling-house shall be broken open for seizure of movable property unless (Section 62):

A) It is daylight

B) The police arrive

C) The debt is over 10,000 Taka

D) The dwelling-house is in the occupancy of the judgment-debtor and he refuses access

41 / 100

Under Section 34:

A) Physical presence is necessary for participation in all cases

B) Physical presence is not necessary at all

C) None of the above

D) Physical presence is necessary for participation but not in all cases

42 / 100

The principle of common intention under Section 34 means:

A) If several acts are done by several persons in furtherance of common intention, each is liable for the result of them all

B) Each is jointly liable only if their intention was the same

C) Each is punishable only for what he has done

D) It is sufficient to show similar intentions

43 / 100

When a criminal act is done by several persons in furtherance of the common intention of all:

A) None of the above

B) Each person is liable only for their part

C) Each of such persons is liable for that act in the same manner as if it were done by him alone

D) Each person is liable according to their age

44 / 100

In the above case (previous question), the liability of the others is:

A) None of the above

B) Only A & B are guilty of murder

C) All except D are guilty of murder

D) All of them (A, B, C & D) are guilty of causing death

45 / 100

A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible

A) under section 10 of Evidence Act

B) under section 8 of Evidence Act

C) both (b) & (c)

D) under section 30 of Evidence Act

46 / 100

What is a key difference between Section 34 and Section 149?

A) Neither requires active participation

B) Active participation is needed in Section 34, but not necessarily in Section 149

C) Section 34 creates a specific offence, Section 149 does not

D) Both require active participation

47 / 100

Section 34 applies when a criminal act is done by several persons sharing a:

A) None of the above

B) Similar intention

C) Common intention

D) Different intention

48 / 100

A Magistrate of the first class may be invested with power to try offences not punishable with death, transportation, or imprisonment exceeding:

A) 14 years

B) 7 years

C) 10 years

D) 5 years

49 / 100

In the attachment of salary (under Section 60), what portion is exempt from attachment?

A) Half of the total salary

B) The first hundred Taka and one-half the remainder

C) The entire salary

D) Nothing is exempt

50 / 100

Section 64 states that any private alienation of property after attachment shall be:

A) Valid if registered

B) Void as against all claims enforceable under the attachment

C) Subject to a 10% penalty

D) Voidable by the judgment-debtor

51 / 100

How many members are co-opted into the Legal Education Committee outside of elected members?

A) 2 members

B) 3 members

C) 4 members

D) 5 members

52 / 100

A diplomatic agent cannot be sued in Bangladesh except in a case relating to (Section 86A):

A) All of the above

B) A succession in which he is an executor/heir as a private person

C) Any professional or commercial activity exercised by him outside official functions

D) Private immovable property held in private capacity

53 / 100

Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant

A) when it is certain that the act is with guilty knowledge

B) either (b) or (c)

C) when it is certain that the act is done innocently

D) when it is uncertain whether the act is intentional or accidental

54 / 100

Section 13 of Evidence Act

A) is confined to public rights & does not cover private rights

B) either (a) or (c) is correct

C) is not confined to public rights and covers private rights also

D) is confined to private rights and does not cover public rights

55 / 100

How many members are there in the Executive Committee of the Bar Council?

A) 7 members

B) 9 members

C) 5 members

D) 3 members

56 / 100

Transaction and instances relating to a right or custom are relevant

A) under section 13 of Evidence Act

B) under section 6 of Evidence Act

C) under section 10 of Evidence Act

D) under section 8 of Evidence Act

57 / 100

Under Section 86(3), can a Ruler of a foreign State be arrested under the Code of Civil Procedure?

A) Only if the Supreme Court orders

B) No, no such Ruler shall be arrested

C) Yes, with police permission

D) Yes, if the decree is for money

58 / 100

Under Section 21, can a contract to refer present or future differences to arbitration be specifically enforced?

A) Yes, if both parties agree after breach

B) Yes, if the court orders

C) No

D) Yes

59 / 100

Identification of a suspect by photo is

A) not admissible in evidence

B) section 8 of Evidence Act excludes identification by photo

C) admissible in evidence

D) section 9 of Evidence Act excludes identification by photo

60 / 100

Chief Metropolitan Magistrates are appointed from among the persons employed in the:

A) Judicial Service

B) Police Force

C) Civil Service

D) Metropolitan Police

61 / 100

Under Section 65 of the Penal Code, the sentence of imprisonment for non-payment of fine shall be limited to:

A) One-third of the maximum term of imprisonment fixed for the offence

B) None of the above

C) One-fourth of the maximum term of imprisonment fixed for the offence

D) One-half of the maximum term

62 / 100

An interpleader suit is instituted by a person who:

A) Claims no interest in the property other than for charges/costs and is ready to deliver it to the rightful claimant

B) Has a dispute with a foreign State

C) Claims the property for himself

D) Is a public officer

63 / 100

Against a company being wound up by the Court, when is a claim considered instituted?

A) When the company assets are sold

B) When the winding-up order is passed

C) When the court acknowledges the claim

D) When the claimant first sends in his claim to the official liquidator

64 / 100

Under Section 73, proceeds of an execution-sale shall be:

A) Kept by the Court as revenue

B) Refunded to the judgment-debtor

C) Rateably distributed among all decree-holders who applied before receipt of assets

D) Given entirely to the first applicant

65 / 100

Several persons took part in beating a person with common intention, which caused his death:

A) Only the one who struck the fatal blow is guilty

B) All of them are guilty of murder

C) None are guilty of murder

D) All are guilty of simple hurt

66 / 100

In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be (Section 79):

A) The President

B) The Prime Minister

C) The Attorney General

D) Bangladesh

67 / 100

If a diplomatic agent initiates proceedings in a Court, can he invoke immunity in respect of a connected counter-claim?

A) No

B) Only with the sending State's permission

C) Yes

D) Only if the counter-claim exceeds his claim

68 / 100

Section 13 of Evidence Act applies to

A) neither (a) nor (b)

B) corporal rights

C) both corporal and incorporal rights

D) incorporal rights

69 / 100

Under section 14 of Evidence Act Explanation I

A) both (a) & (b) are correct

B) evidence having a distinct and immediate reference to the particular matter in question is admissible

C) both (a) & (b) are incorrect

D) evidence of general disposition, habit or tendencies is inadmissible

70 / 100

What is the total number of members in the Legal Education Committee?

A) 7 members

B) 9 members

C) 11 members

D) 5 members

71 / 100

Chief Judicial Magistrates are appointed from persons employed in the:

A) Bangladesh Civil Service (Administration)

B) Bangladesh Judicial Service

C) Bangladesh Police Service

D) Ministry of Law

72 / 100

Which of the following contracts cannot be specifically enforced under Section 21?

A) A contract which is in its nature revocable

B) All of the above

C) A contract made by trustees in breach of their trust

D) A contract where compensation is adequate relief

73 / 100

According to the Explanation in Section 5, what can be a "sufficient cause"?

A) Being out of the country on vacation

B) Lack of funds

C) Being misled by any order, practice, or judgment of the High Court Division

D) Ignorance of the law

74 / 100

A suit against a Ruler of a foreign State requires the consent of (Section 86):

A) The Ministry of Law

B) The Government, certified by a Secretary

C) The District Judge

D) The Chief Justice

75 / 100

Does Section 5 (extension of period) apply to original suits?

A) Yes

B) Yes, for property disputes

C) No, it generally applies to appeals and applications

D) Yes, if the judge allows

76 / 100

Offences committed by a juvenile under the age of fifteen years (not punishable with death or transportation for life) may be tried by:

A) Chief Judicial Magistrate or Chief Metropolitan Magistrate

B) Only the Sessions Court

C) Any 3rd class Magistrate

D) The High Court Division

77 / 100

Eight dacoits attack a bank. Two shoot the cashier dead. A, B, and C stand guard 50 feet away and do not shoot. What is the liability of A, B, and C?

A) They are liable for abetting murder

B) They are liable only for dacoity

C) They are liable for abetment of dacoity

D) They are liable for conjointly committing dacoity with murder (Section 396)

78 / 100

Can an alien enemy residing in a foreign country sue in a Court in Bangladesh?

A) Yes, with court permission

B) No, they shall not sue

C) Yes, through a diplomatic agent

D) Yes, if the suit is for immovable property

79 / 100

Any offence under any law other than the Penal Code shall be tried by:

A) Always the Court of Session

B) Always a Magistrate

C) Always the High Court

D) The Court mentioned in that specific law

80 / 100

Does a contract become wholly impossible of performance because a portion of its subject-matter has ceased to exist (Section 13)?

A) Yes, always

B) Yes, if it is moveable property

C) Yes, if it is immoveable property

D) No, not wholly impossible

81 / 100

Which of the following is NOT a ground for the Court to issue a commission under Section 75?

A) To arrest a judgment-debtor

B) To make a local investigation

C) To examine or adjust accounts

D) To examine any person

82 / 100

Which statement is correct regarding Section 34 and 149?

A) Section 34 does not create a specific offence, 149 does

B) Section 34 speaks of common intention, 149 speaks of common object

C) All of the above

D) Section 34 needs active participation, 149 does not

83 / 100

Under Section 46 of the Penal Code, 'death' denotes:

A) Death of an animal

B) None of the above

C) Death of a human being

D) Death of a human being and an animal

84 / 100

Which of the following are ex-officio Justices of the Peace for the whole of Bangladesh?

A) Superintendents of Police

B) Members of Parliament

C) Judges of the Supreme Court

D) District Magistrates

85 / 100

Under Section 15, if the unperformed part is large, who can demand specific performance of the performable part?

A) The government

B) The party not in default, provided they relinquish all claims to further performance and compensation

C) Any third party

D) The party in default

86 / 100

Rules for Benches of Metropolitan Magistrates are made by the Chief Metropolitan Magistrate with the previous sanction of the:

A) Supreme Court

B) High Court

C) President

D) Government

87 / 100

The Chief Judicial Magistrate shall be subordinate to the:

A) Government

B) District Magistrate

C) High Court directly

D) Sessions Judge

88 / 100

Section 88 deals with which type of suit?

A) Interpleader suit

B) Public nuisance suit

C) Restitution suit

D) Representative suit

89 / 100

Previous conviction of a person is relevant under

A) explanation I to section 14 of Evidence Act

B) explanation II to section 14 of Evidence Act

C) explanation III to section 14 of Evidence Act

D) explanation IV to section 14 of Evidence Act

90 / 100

Common intention under Section 34:

A) None of the above

B) May develop on the spot

C) Implies a pre-arranged plan

D) Both (a) and (b)

91 / 100

How many members are there in the Finance Committee?

A) 3 members

B) 7 members

C) 5 members

D) 9 members

92 / 100

Four accused with a common intention to kill M shoot R in the bona fide belief that R was M.

A) None are liable

B) All accused are guilty of causing death

C) Section 34 does not apply in this case

D) Only the one whose bullet hit R is liable

93 / 100

Under Section 14, if the unperformed part of a contract bears only a small proportion to the whole in value, the Court may direct specific performance and:

A) Award compensation in money for the deficiency

B) Punish the defaulting party

C) Rescind the rest of the contract

D) Cancel the contract completely

94 / 100

If a person is affected by two disabilities when the time is to be reckoned, when does the time run?

A) After the first disability ceases

B) After both disabilities have ceased

C) The court decides

D) Time does not stop for two disabilities

95 / 100

Persons on whom powers under Section 12(1) are conferred shall be called:

A) Chief Magistrates

B) Judicial Magistrates

C) Special Executive Magistrates

D) Extraordinary Magistrates

96 / 100

What is the presumption under Section 12 regarding the breach of a contract to transfer moveable property?

A) It requires mandatory injunction

B) It cannot be adequately relieved by compensation in money

C) It requires specific performance always

D) It can be adequately relieved by compensation in money

97 / 100

Admissions bind the maker

A) in so far as it relates to question of law

B) in so far as it relates to facts

C) both on questions of facts & of law

D) neither (a) nor (b)

98 / 100

Things said or done by a conspirator in reference to the common design is relevant

A) under section 10 of Evidence Act

B) under section 6 of Evidence Act

C) under section 12 of Evidence Act

D) under section 8 of Evidence Act

99 / 100

A, B, C, & D go armed to K's house to commit robbery. K is absent. D goes to the field where K is. C stands guard. A & B shoot dead two sons of K. What is D's liability?

A) D is guilty of murder as well as robbery (under joint liability)

B) D is not guilty of any offence

C) D is guilty of kidnapping

D) D is guilty only of robbery

100 / 100

Mode of proof of a custom is contained in

A) all the above

B) section 48 of Evidence Act

C) section 32(7) of Evidence Act

D) section 32(4) of Evidence Act

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Bar Council Full Model Test 03 English | 100 Marks 60 Min