Bar Council Full Model Test 30 English

Bar Council Full Model Test 30 (English)

Bangladesh Bar Council Preliminary Full Model Test 30

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

In Section 55 illustration (a), A obstructs B's access to light. B may obtain an injunction to restrain A and to:

A) Confiscate land

B) Pull down so much of the buildings as obstructs B's lights

C) Imprison A

D) Force A to pay rent

2 / 100

Which of the following is an INCORRECT essential element of the offence of extortion?

A) The property must always be a movable property. (Extortion applies to both movable and immovable property or valuable security).

B) Dishonestly inducing the person so put in fear to deliver any property or valuable security.

C) Intentionally putting a person in fear of injury to himself or to another.

D) The property is delivered to the extortionist as a means of avoiding injury.

3 / 100

A cuts down a tree on Z's ground intending to dishonestly take it without Z's consent. A has committed theft:

A) As soon as he intends to cut it

B) As soon as he starts cutting the tree

C) None of the above

D) As soon as the tree is completely severed from the earth (It becomes movable property)

4 / 100

For the offence of theft, the thing stolen must be of what value?

A) Any value, even minimal (The law takes no account of trifles, but theft of any movable property is technically theft regardless of strict monetary threshold, though Sec 95 might apply to dust/water). The key says (d) All of the above.

B) Of some appreciable value.

C) Of Rs. 200/- in value.

D) Of Rs. 5/- in value.

5 / 100

Presumption shows on whom the burden of proof lies-

A) False

B) True

C) none of the above

D) partly true

6 / 100

If an offence is a continuing one, committed in more than one local area, it may be tried:

A) By a Court having jurisdiction over any of such local areas

B) By a Special Tribunal

C) Only where it ended

D) Only where it started

7 / 100

Under Order XXI, Rule 26, the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree to enable the judgment-debtor to apply to:

A) The Supreme Court

B) The President

C) The local UP Chairman

D) The Court by which the decree was passed

8 / 100

Under Section 187, if a person is arrested under a warrant issued under Section 186 by a subordinate Magistrate, where shall he send the arrested person?

A) To the Chief Metropolitan Magistrate or the Chief Judicial Magistrate

B) To the nearest hospital

C) To the Supreme Court

D) To a foreign embassy

9 / 100

The principle that possession is prima facie proof of ownership is contained in Section _____ of the Bangladeshi Evidence Act.

A) 111

B) 109

C) 112

D) 110

10 / 100

How many questions are generally from CPC and CrPC respectively?

A) 10 and 10

B) 15 and 15

C) 20 and 20

D) 25 and 25

11 / 100

In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under Section 112 of the Evidence Act arises-

A) if the father is alive on the day the child is born

B) none of the above

C) if the father is not alive on the day the child is born

D) irrespective of whether the father is alive or dead on the day the child is born

12 / 100

The offence of criminal misappropriation or criminal breach of trust may be tried where:

A) Either A or B

B) The offence was committed

C) The victim was born

D) Any part of the property was received or retained

13 / 100

The widow of a sonless Hindu alienates property. The person presumptively entitled may obtain a declaration that the alienation was:

A) Void beyond the widow's lifetime

B) Subject to approval

C) Criminal

D) Valid

14 / 100

Does the Limitation Act, 1908 apply to suits under the Divorce Act (Section 29(3))?

A) Only for property settlements

B) Only for child custody

C) Yes, fully

D) No, nothing in this Act applies to suits under the Divorce Act

15 / 100

Under Order XXII, Rule 2, where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall:

A) Abate the suit entirely

B) Cause an entry to that effect to be made on the record, and the suit shall proceed

C) Dismiss the suit

D) Frame new issues

16 / 100

What is the total marks for the MCQ phase of the enrollment exam?

A) 50

B) 150

C) 100

D) 200

17 / 100

Under Order XXI, Rule 66, before any property is sold by public auction in execution of a decree, the Court shall cause a:

A) Notice to the President

B) Police investigation

C) Proclamation of the intended sale to be made

D) Arrest warrant to be issued

18 / 100

Under Order XXI, Rule 92, where no application is made to set aside the sale under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order:

A) Confirming the sale, and thereupon the sale shall become absolute

B) Canceling the sale

C) Adjourning the sale

D) Arresting the judgment-debtor

19 / 100

What is the prerequisite for inquiring into a charge for an offence committed outside Bangladesh under Section 188?

A) Sanction of the Government

B) Permission from the victim

C) Approval of the United Nations

D) Permission of the foreign country

20 / 100

In Section 56(c), an injunction cannot be granted to restraint persons from applying to:

A) Foreign embassy

B) High Court

C) Any legislative body

D) Police

21 / 100

Under Order XXI, Rule 32, a decree for restitution of conjugal rights may be enforced by:

A) Attachment of property

B) Physical force

C) Arresting the relatives

D) Kidnapping

22 / 100

Where can the offence of kidnapping or abduction be tried?

A) Where the person was conveyed

B) Where the person was kidnapped/abducted

C) All of the above

D) Where the person was concealed or detained

23 / 100

According to Section 28, what happens to a person's right to property at the determination of the period limited for instituting a suit for possession?

A) It is transferred to the government

B) It is suspended

C) His right to such property shall be extinguished

D) He must pay a fine to retain it

24 / 100

In territories where the Easements Act, 1882 extends, do Sections 26 and 27 of the Limitation Act apply?

A) No, they shall not apply

B) Yes

C) At the judge's discretion

D) Partially

25 / 100

Under Order XXI, Rule 55, where the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into Court, the attachment shall be deemed to be:

A) Permanent

B) Suspended

C) Transferred

D) Withdrawn

26 / 100

Under Order XXI, Rule 85, the full amount of purchase-money payable for immovable property shall be paid by the purchaser into Court before the Court closes on the:

A) 15th day from the sale

B) Same day

C) 30th day from the sale

D) 7th day from the sale

27 / 100

Under Order XX, Rule 12, in a suit for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree directing an inquiry as to:

A) The character of the defendant

B) Mesne profits from the institution of the suit until the delivery of possession

C) The political affiliation of the plaintiff

D) The previous owners of the property

28 / 100

Section 112 of the Evidence Act contains mixed presumption of fact & law.

A) False

B) none of the above

C) True

D) partly true

29 / 100

B contracts to serve A as a clerk but serves a rival instead. Can A obtain specific performance?

A) No, he is not entitled to a decree for specific performance

B) Yes, if rival agrees

C) Yes, with police

D) Yes

30 / 100

Under Order XXII, Rule 10, in cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the:

A) The Government

B) The Court clerk

C) Person to or upon whom such interest has come or devolved

D) The original party only

31 / 100

If an offence is committed while the offender is on a journey, where can it be tried?

A) Through or into the local limits of whose jurisdiction the offender or victim passed during the journey

B) Only at the starting point

C) In a specialized transport court

D) Only at the destination

32 / 100

Where can an offence consisting of several acts done in different local areas be tried?

A) Only where the first act occurred

B) In any of the local areas where an act was done

C) Only where the last act occurred

D) In the High Court Division

33 / 100

Proceedings taken under Section 188 serve as a bar to further proceedings under which Act for the same offence?

A) The Penal Code, 1860

B) The Evidence Act, 1872

C) The Police Act, 1861

D) The Extradition Act, 1974

34 / 100

A, being on friendly terms with Z, goes into Z's library in his absence and takes a book for the purpose of reading it, with the intention of returning it. Afterwards, A dishonestly decides to keep the book. A commits:

A) Attempt to commit theft.

B) Theft initially.

C) Criminal misappropriation of property (Theft if he keeps it dishonestly, though the initial taking wasn't theft, the subsequent dishonest intention makes it misappropriation. The key says (b) Theft, which suggests the question intended the initial taking was dishonest, but 'afterwards' implies misappropriation. Following the key: Theft if he keeps the book dishonestly).

D) No offence.

35 / 100

Section 54(e) states an injunction may be granted where it is necessary to prevent:

A) A multiplicity of judicial proceedings

B) Crime

C) Public nuisance

D) Breach of contract

36 / 100

Under Order XXIII, Rule 3B, no agreement or compromise in a representative suit shall be entered into:

A) By the plaintiff

B) Without the leave of the Court expressly recorded in the proceedings

C) Without the consent of the Government

D) Without paying a fine

37 / 100

The offence of theft may be tried by a Court where the offence was committed OR where:

A) The property was received by anyone knowing it to be stolen

B) The property was possessed by the thief

C) The victim resides

D) Both A and B

38 / 100

A, being Z's servant and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate. A commits:

A) Theft. (A servant's possession is considered the master's possession, so moving it dishonestly is theft).

B) Extortion.

C) Criminal misappropriation of property.

D) Criminal breach of trust.

39 / 100

Section 108 of the Evidence Act relates to-

A) presumption of relationship

B) presumption of life

C) presumption of legitimacy

D) presumption of death

40 / 100

Under Section 190(1)(b), cognizance can be taken upon:

A) An anonymous letter

B) A news report

C) A verbal statement by a police-officer

D) A report in writing of such facts made by any police-officer

41 / 100

Extortion has the following ingredients:

A) Intentionally putting a person in fear of injury to himself or another.

B) Dishonestly inducing the person so put in fear to deliver any property or valuable security.

C) Both (a) and (b).

D) None of the above.

42 / 100

According to the Bar Council Order, an advocate has the right to—

A) Practice in any court in Bangladesh

B) Travel rent-free

C) Get fine waived

D) Enter govt offices

43 / 100

How often is the Bar Council election held?

A) 4 years

B) 2 years

C) 5 years

D) 3 years

44 / 100

Under Order XXII, Rule 9, where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the:

A) Same evidence

B) Same day

C) Same property by another person

D) Same cause of action

45 / 100

Under Order XX, Rule 18, where the Court passes a decree for the partition of property and the partition cannot be conveniently made without further inquiry, it may pass a:

A) Final decree directly

B) Ex parte decree

C) Consent decree

D) Preliminary decree

46 / 100

A bequeaths property to B for life, remainder to his wife. C denies B's putative wife D is lawfully married. D may obtain a declaration that:

A) C is a liar

B) They are truly the wife and children of B

C) Property is theirs

D) B is dead

47 / 100

For presumption under Section 107 of the Evidence Act, the person is to be shown to be alive-

A) within 7 years

B) within 12 years

C) within 30 years

D) within 3 years

48 / 100

Under Section 188, if a citizen of Bangladesh commits an offence beyond the limits of Bangladesh, how may he be dealt with?

A) He cannot be prosecuted in Bangladesh

B) He must be deported

C) He can only be tried by an International Court

D) As if the offence had been committed at any place within Bangladesh at which he may be found

49 / 100

(Illustration) A enjoys right of way over B's land for 25 years. But for 10 of those years, C (a Hindu widow) had a life interest. Does A have an absolute easement if B contests within 3 years of C's death?

A) Yes, if A paid C

B) The court will divide the right

C) Yes, 25 > 20

D) No, because 10 years are excluded, leaving only 15 years of valid enjoyment

50 / 100

If there are multiple Magistrates having jurisdiction for a case under Section 186 and the acting Magistrate is uncertain where to send the person, what is the procedure?

A) Keep the person in indefinite custody

B) Report the case for the orders of the High Court Division

C) Release the person

D) Send the person to the nearest police station

51 / 100

Under Order XXI, Rule 72, a decree-holder cannot bid for or purchase the property sold in execution:

A) Unless he brings his family

B) Under any circumstances

C) Without the express permission of the Court

D) Unless he is very rich

52 / 100

Which of the following is an illustration of the offence of extortion?

A) A threatens B that he will kidnap his son unless B gives Rs. 500 to C within 48 hours. B complies.

B) A, in snatching a nose ring, wounded a woman. (This is Robbery).

C) A meets B on the high road, shows a pistol and extracts B's purse. (This is Robbery).

D) A takes B's child and threatens to fling it down a precipice unless B delivers his purse. B complies. (This is Robbery).

53 / 100

Under Order XXI, Rule 16, where a decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to:

A) Any Court in the country

B) The Court which passed it

C) The Police Station

D) The High Court

54 / 100

If it is uncertain in which of several local areas an offence was committed, where may it be tried?

A) By the nearest Sessions Court

B) By a Court having jurisdiction over any of such local areas

C) It cannot be tried

D) Only in the capital city

55 / 100

If any person commits an offence on a ship or aircraft registered in Bangladesh, they are dealt with under which section?

A) Section 188

B) Section 195

C) Section 177

D) Section 190

56 / 100

An accused took out a Bangladesh Air Force plane for an authorized flight but afterwards flew it away to Pakistan. He is guilty of:

A) Criminal breach of trust.

B) Criminal misappropriation of property.

C) Extortion.

D) Theft (Moving it outside the authorized limits with dishonest intent constitutes theft).

57 / 100

Which of the following Magistrates is NOT empowered by default to take cognizance of an offence under Section 190(1)?

A) Chief Metropolitan Magistrate

B) Magistrate of the first class

C) Magistrate of the third class

D) Chief Judicial Magistrate

58 / 100

The possession contemplated under Section 110 of the Evidence Act is-

A) juridical possession

B) symbolic possession

C) actual physical possession

D) all the above

59 / 100

A Magistrate may take cognizance of an offence upon receiving a:

A) Request from the media

B) Bribe

C) Complaint of facts which constitute such offence

D) Phone call from a politician

60 / 100

For presumption of death under Section 108 of the Evidence Act, the person shown to be not heard for a period of-

A) 12 years

B) 30 years

C) 3 years

D) 7 years

61 / 100

Under Section 27, within how many years after the determination of the life interest must the reversioner resist the claim?

A) One year

B) Three years

C) Twelve years

D) Two years

62 / 100

Under Order XXI, Rule 84, on every sale of immovable property the person declared to be the purchaser shall pay a deposit of what percentage of the amount of his purchase-money to the officer conducting the sale?

A) 25%

B) 10%

C) 50%

D) 15%

63 / 100

The presumption of continuance of life is contained in Section _____ of the Bangladeshi Evidence Act.

A) 108

B) 107

C) 109

D) 106

64 / 100

The accused dropped a brass disk, about the size and shape of a coin, into the slit of a vending machine and thereby obtained a cigarette. He is guilty of:

A) Theft.

B) Extortion.

C) Criminal Breach of trust.

D) No offence.

65 / 100

Presumption as to abetment of suicide by a married woman has been provided under Section _____ of the Bangladeshi Evidence Act.

A) 112

B) 113

C) 113-A

D) 114

66 / 100

Under Order XXIII, Rule 1A, where a suit is withdrawn or abandoned by a plaintiff, and a defendant applies to be transposed as a plaintiff, the Court shall consider such application if the defendant has a:

A) Previous criminal record

B) Substantial question to be decided as against any of the other defendants

C) Lot of money

D) Good lawyer

67 / 100

Under Section 189, what may the Government direct to be received as evidence for offences inquired under Section 188?

A) News articles

B) Hearsay statements

C) Unverified internet posts

D) Copies of depositions and exhibits produced before a judicial officer in the territory of the offence

68 / 100

An accomplice is-

A) a competent witness against an accused

B) not a competent witness against an accused

C) cannot be a competent witness against an accused

D) none of the above

69 / 100

Which of the following is correct?

A) A person cannot be convicted of stealing his own property.

B) A person can always be convicted of stealing his own property.

C) A person can be convicted of stealing his own property if he takes it dishonestly from another's lawful possession (e.g., from a bailee/pledgee).

D) All of these.

70 / 100

When a special law prescribes a different limitation, which sections of the Limitation Act apply (unless expressly excluded)?

A) Only Section 5

B) None of the sections

C) All sections

D) Section 4, Sections 9 to 18, and Section 22

71 / 100

Presumption under Section 112 of the Evidence Act is raised when a child is born-

A) during the continuance of valid marriage

B) none of the above

C) within 280 days of dissolution of marriage, the mother remaining unmarried

D) in both (a) & (b)

72 / 100

Which of the following is correct regarding the offence of theft?

A) None of the above.

B) It is not necessary that the taking must cause wrongful gain to the person taking it or wrongful loss to the owner. (Wrongful loss is sufficient).

C) Both (a) and (b).

D) There must be a dishonest intention of taking.

73 / 100

Under Order XXVI, Rule 10, the proceedings and report in writing of the Commissioner shall be:

A) Sent to the police

B) Published in a newspaper

C) Evidence in the suit and shall form part of the record

D) Discarded

74 / 100

A finds a ring lying on the road, not in the possession of any person. A, by taking it dishonestly, commits:

A) Criminal misappropriation of property.

B) Extortion.

C) Criminal breach of trust.

D) Theft.

75 / 100

A is the paramour of Z's wife. She gives A a gold ring which A knows belongs to her husband Z, and she has no authority to give it. A takes it dishonestly.

A) None of the above.

B) Z's wife commits theft.

C) A does not commit theft.

D) A commits theft of the ring.

76 / 100

Under Order XXI, Rule 50, where a decree has been passed against a firm, execution may be granted against any property of:

A) The customers

B) The employees

C) The government

D) The partnership

77 / 100

A covenants to settle property exceeding one lakh if he gets it. Before he gets it, he sues to declare the covenant void. Can the Court make the declaration?

A) Yes

B) Only if trustees agree

C) Only after he gets it

D) No, premature

78 / 100

Section 112 of the Evidence Act provides for presumption of-

A) life

B) marriage

C) legitimacy

D) death

79 / 100

Under Order XXI, Rule 46A, a notice issued to a person who is liable to pay a debt to the judgment-debtor is known as:

A) Subpoena

B) Garnishee notice

C) Caveat

D) Proclamation

80 / 100

Section 114 of the Evidence Act provides for certain-

A) rebuttable presumptions of law

B) none of the above

C) presumption of fact

D) irrebuttable presumptions of law

81 / 100

A, in good faith, believing property belonging to Z to be his own property, takes that property out of Z's possession.

A) A commits no theft as he does not take the property dishonestly.

B) A commits theft.

C) A commits no theft because he takes the property out of Z's possession.

D) A commits no theft because property belonging to Z was not taken from his possession.

82 / 100

If any special law prescribes a different period of limitation, how does Section 3 apply?

A) Section 3 does not apply

B) It applies as if the period were prescribed in the first schedule of the Limitation Act

C) The special law is void

D) The High Court decides

83 / 100

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

A) Neither permanent nor temporary.

B) Temporary.

C) Permanent.

D) Either permanent or temporary.

84 / 100

According to Section 42 Explanation, a trustee is a "person interested to deny" a title adverse to someone:

A) Who is not in existence, and for whom he would be a trustee

B) Alive

C) An enemy

D) An alien

85 / 100

A sees a watch belonging to Z lying on a table in Z's house. Not wanting to take it immediately to avoid detection, A hides the watch in a place from where it cannot be easily found. A commits theft when the watch is:

A) A does not commit theft but criminal breach of trust.

B) First moved from its place.

C) Intended by A to be the subject of theft.

D) Hidden by A.

86 / 100

How many questions are generally from the Limitation Act and Evidence Act respectively?

A) 15 and 15

B) 10 and 10

C) 10 and 15

D) 20 and 20

87 / 100

Which of the following is correct?

A) Though water running in pipes is generally immovable/unconfined, once severed or controlled in pipes, it becomes movable and subject to theft.

B) For the offence of theft, the property must be movable.

C) None of the above.

D) Both (a) and (b).

88 / 100

Under Section 185, whenever a question arises as to which of two or more subordinate Courts ought to try an offence, who decides?

A) The Government

B) The Chief Judicial Magistrate

C) The High Court Division

D) The District Magistrate

89 / 100

According to Section 29(1), nothing in the Limitation Act shall affect Section 25 of which Act?

A) The Transfer of Property Act, 1882

B) The Penal Code, 1860

C) The Evidence Act, 1872

D) The Contract Act, 1872

90 / 100

A puts a bait for dogs in his pocket and thus induces Z's dog to follow it without Z's consent. A commits theft:

A) Commits theft as soon as Z's dog begins to follow A, provided A's intention is dishonest.

B) A commits no theft.

C) A commits criminal breach of trust.

D) Commits theft as soon as Z's dog begins to follow.

91 / 100

The offence of extortion can be committed against:

A) All of the above.

B) Immovable property.

C) Valuable security.

D) Movable property.

92 / 100

The presumption under Section 109 of the Evidence Act as to certain human relationship is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

A) none of the above

B) partly true

C) False

D) True

93 / 100

Does Section 28 extinguish the right itself or merely bar the remedy?

A) Extinguishes the right to such property

B) Merely bars the remedy

C) Converts it to a tenancy

D) Creates a new right

94 / 100

A owes money to Z for repairing a watch. Z retains the watch as security. A takes the watch out of Z's possession to deprive him of the security.

A) Z commits theft.

B) A commits theft if he takes it dishonestly.

C) A and Z both commit theft of each other's property.

D) A does not commit theft.

95 / 100

A makes a voluntary settlement on B and his children, then contracts to sell to C. B or children may sue for:

A) Rescission

B) Damages

C) An injunction to restrain the sale

D) Rectification

96 / 100

A, an executor, brings the deceased's property into danger. What preventive relief can the Court grant?

A) An injunction to restrain him from getting in the assets

B) Cancellation

C) Mandatory injunction

D) Declaratory decree

97 / 100

If a Magistrate acts under Section 186 and the offence is bailable, what can the Magistrate do?

A) Fine the accused instantly

B) Deny bail completely

C) Take a bond with or without sureties for appearance before the Magistrate having jurisdiction

D) Dismiss the case

98 / 100

Under Section 186, who can issue a summons or warrant for an offence committed beyond their local jurisdiction but triable in Bangladesh?

A) A Metropolitan Magistrate or a Magistrate of the first class

B) An Executive Magistrate

C) Any police officer

D) Only the Chief Judicial Magistrate

99 / 100

Under Order XXVI, Rule 13, where a preliminary decree for partition has been passed, the Court may issue a commission to such person as it thinks fit to:

A) Arrest the parties

B) Sell the property

C) Make the partition or separation according to the rights as declared in such decree

D) Live in the property

100 / 100

Are Sections 30, 31, and 32 still active parts of the Limitation Act, 1908?

A) No, they have been repealed

B) Only Section 30 is active

C) Yes

D) They are suspended

The average score is 0%

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Bar Council Full Model Test 30 English | 100 Marks 60 Min