Bar Council Full Model Test 31 English

Bar Council Full Model Test 31 (English)

Bangladesh Bar Council Preliminary Full Model Test 31

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

Robbery is dacoity if it is committed by at least:

A) 3 persons.

B) 5 persons.

C) 4 persons.

D) 2 persons.

2 / 100

Which of the following is correct regarding robbery?

A) The chief distinguishing element in robbery is the presence of imminent fear of violence (instant death, hurt, or wrongful restraint).

B) There can be no robbery which does not fall within the definitions of theft or extortion.

C) None of the above.

D) Both (a) and (b).

3 / 100

Does an easement arise from a contract according to Sec 2(5)?

A) No, a right not arising from contract

B) Depends on the situation

C) Yes, if written

D) Yes, always

4 / 100

If appeals lie to a Civil and also to a Revenue Court, subordination under Section 195 is decided by:

A) The nature of the case or proceeding

B) The Revenue Court always

C) The High Court

D) The Civil Court always

5 / 100

Which of the following matches is CORRECT regarding punishment for extortion?

A) The provided key says (d) (i), (iii), (iv), (ii). Under Penal Code: Extortion (S.384) - 3 yrs; Putting in fear of injury to commit extortion (S.385) - 2 yrs; Extortion by fear of death/grievous hurt (S.386) - 10 yrs; Putting in fear of death/grievous hurt to commit extortion (S.387) - 7 yrs. So, a->3 yrs, b->10 yrs, c->7 yrs, d->2 yrs.

B) (a) Extortion (Simple) - (i) Three Years; (b) Extortion by threat of death - (iv) Ten years; (c) Putting person in fear of death to commit extortion - (iii) Seven Years.

C) (a)-(i), (b)-(ii), (c)-(iii)

D) (a)-(iv), (b)-(iii), (c)-(ii)

6 / 100

Which Act substituted the words "High Court Division" for "High Court" in the Limitation Act, 1908?

A) The Law Reform Ordinance, 1978

B) Bangladesh Laws (Revision and Declaration) Act, 1973

C) The Constitution of Bangladesh

D) The Supreme Court Act

7 / 100

A threatens to publish a defamatory libel concerning Z unless Z gives him money. Z gives the money. A has committed:

A) Robbery.

B) Extortion.

C) Dacoity.

D) Theft.

8 / 100

Under Order XXXIII, Rule 11, where the plaintiff fails in a pauper suit or the permission granted to him is withdrawn, the Court shall order the plaintiff to pay:

A) The court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper

B) The defendant's business losses

C) A penalty of 10,000 Taka

D) The judge's salary

9 / 100

Under Section 190(4), who can empower an Executive Magistrate to take cognizance of offences?

A) The High Court

B) The Government (by an order specifying reasons and period)

C) The Chief Judicial Magistrate

D) The Supreme Court

10 / 100

Estoppel can be by-

A) deed resulting from entering into a solemn engagement as to certain facts

B) pais arising from agreement or contract and from act or conduct of mis-representation resulting in a change of position

C) all the above

D) matter of record resulting from the judgment of a competent court

11 / 100

Under Order XLI, Rule 5, an appeal shall not operate as a stay of proceedings under a decree or order appealed from, except so far as the Appellate Court may order. An application for stay requires the Court to be satisfied that:

A) Security has been given by the applicant

B) The application has been made without unreasonable delay

C) Substantial loss may result to the party applying for stay of execution

D) All of the above

12 / 100

Under Order XXXIX, Rule 2, in any suit for restraining the defendant from committing a breach of contract or other injury, the plaintiff may apply to the Court for a:

A) Decree of specific performance only

B) Arrest warrant against the defendant

C) Temporary injunction to restrain the defendant from committing the breach

D) Confiscation of defendant's property

13 / 100

Under Section 22, the discretion of the Court to decree specific performance must be guided by:

A) Arbitrary choices

B) Public opinion

C) Financial status

D) Judicial principles

14 / 100

Estoppel deals with question of-

A) both (a) & (b)

B) facts

C) rights

D) none of the above

15 / 100

Under Section 195(1)(b), for offences against public justice (like false evidence) committed in relation to any proceeding in a Court, whose complaint is required?

A) The police

B) The Court or some other Court to which it is subordinate

C) The aggrieved party

D) The public servant

16 / 100

Does the definition of "promissory note" include a note payable on demand?

A) No

B) Only if specified in a separate contract

C) Only for bank notes

D) Yes

17 / 100

Under Section 192(2), who may empower a Magistrate of the first class to transfer a case to another specified Magistrate?

A) The High Court Division

B) The Chief Judicial Magistrate

C) The Sessions Judge

D) The Government

18 / 100

Under Order XL, Rule 1, where it appears to the Court to be just and convenient, the Court may appoint a receiver of any property:

A) Only after decree

B) Only in criminal cases

C) Whether before or after decree

D) Only before decree

19 / 100

Additional and Joint Sessions Judges try cases directed to them by:

A) The police

B) The Government (by general/special order) or the Sessions Judge

C) The victim

D) The Chief Judicial Magistrate

20 / 100

A meets B and his child in a jungle. A takes the child and threatens to kill him unless B delivers his purse. B complies. A has committed:

A) Robbery.

B) Dacoity.

C) Extortion.

D) Theft.

21 / 100

For the purposes of Section 195, the term "Court" includes Civil, Revenue, or Criminal Courts, but does NOT include:

A) A High Court

B) A Family Court

C) A Registrar or Sub-Registrar under the Registration Act, 1908

D) A Magistrate's Court

22 / 100

Under Section 195(1)(c), regarding offences relating to documents given in evidence (like forgery), whose complaint is required?

A) The Court where the document was produced or its superior Court

B) The forensic expert

C) The person whose signature was forged

D) The police

23 / 100

Estoppel is a rule of-

A) both civil and criminal action

B) none of the above

C) criminal action

D) civil action

24 / 100

Under Order XXXIX, Rule 4, any order for an injunction may be discharged, or varied, or set aside by the Court:

A) Only by the Supreme Court

B) On application made thereto by any party dissatisfied with such order

C) Never

D) Only if the plaintiff agrees

25 / 100

Rule of estoppel of tenants and of licence of person in possession is contained in Section _____ of the Bangladeshi Evidence Act.

A) 119

B) 116

C) 118

D) 117

26 / 100

If the accused objects to being tried by the Magistrate under Section 191, where is the case sent?

A) To the High Court Division

B) To a Civil Court

C) To the Court of Session or transferred to another Magistrate

D) To the police

27 / 100

In all cases of robbery, there is either:

A) Theft or extortion.

B) Extortion only.

C) Theft only.

D) Theft, extortion, and mischief.

28 / 100

Who may empower any Magistrate of the second or third class to take cognizance under clauses (a) or (b) of Section 190(1)?

A) Only the President

B) The Sessions Judge

C) The Government, and subject to High Court Division orders, the Chief Judicial Magistrate

D) The Police Commissioner

29 / 100

Who may empower any Magistrate of the second class to take cognizance upon his own knowledge/suspicion (Clause c)?

A) The District Magistrate

B) The Government

C) High Court Division

D) Chief Judicial Magistrate

30 / 100

Under Order XXVII, Rule 8A, in any suit against the Government, the Court shall not require the Government to:

A) File a written statement

B) Appear through a pleader

C) Furnish security for costs

D) Produce documents

31 / 100

Under Order XXXVIII, Rule 1, where the defendant is about to abscond or leave the local limits of the jurisdiction of the Court, the Court may order him to be arrested and brought before the Court to show cause why he should not furnish:

A) A written apology

B) His passport

C) Security for his appearance

D) Evidence of his innocence

32 / 100

Under Order XXXII, Rule 12, a minor plaintiff on attaining majority shall:

A) Be forced to settle the case

B) Pay a new court fee

C) Elect whether he will proceed with the suit or application

D) Have the suit automatically dismissed

33 / 100

Under Section 192, who may transfer a case for inquiry or trial to any subordinate Magistrate?

A) The Chief Metropolitan Magistrate or Chief Judicial Magistrate

B) A third class Magistrate

C) An Executive Magistrate

D) A Sub-Inspector of Police

34 / 100

A person 'A' caused hurt to B to run away when caught while stealing. He is guilty of committing:

A) Extortion.

B) Robbery (Theft becomes robbery if hurt is caused in carrying away the property).

C) Dacoity.

D) Theft.

35 / 100

A and B, trustees, join C to sell estate to D, agreeing to clear encumbrances. The purchase-money is not enough. Specific performance:

A) Should be granted to D

B) Should be refused to D

C) Forces C to pay

D) Transfers encumbrances

36 / 100

Under Order XXXIV, Rule 5, where the defendant fails to make payment within the time fixed by the preliminary decree in a suit for sale, the Court shall pass a:

A) Order to arrest the defendant

B) Order to forgive the loan

C) Final decree directing that the mortgaged property or a sufficient part thereof be sold

D) Decree for specific performance

37 / 100

Under Section 191, if a Magistrate takes cognizance based on his own knowledge/suspicion, what must the accused be informed of?

A) That he is entitled to have the case tried by another Court

B) That bail is impossible

C) That he is guilty

D) That he cannot hire a lawyer

38 / 100

A person, in snatching a nose-ring, wounded a woman in the nostril and caused her blood to flow. He committed:

A) Theft.

B) Dacoity.

C) Extortion.

D) Robbery (None of the above in the original options, but it is Robbery under Section 390 as hurt was caused to commit theft).

39 / 100

The accused abandoned the property obtained by theft and fired a shot in the air to deter pursuers from following him. He has committed:

A) Extortion.

B) Theft (The violence was used to secure escape, not to carry away the property, though courts sometimes interpret this broadly. The key says Theft).

C) Dacoity.

D) Robbery.

40 / 100

When must the accused be informed of his right to transfer under Section 191?

A) Before any evidence is taken

B) During cross-examination

C) After the verdict

D) At the time of arrest

41 / 100

Is "good faith" presumed if an act is done with honest intent but without due care?

A) The judge decides

B) Yes, in minor offenses

C) Yes

D) No, due care and attention are mandatory

42 / 100

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

A) Information received from a police officer

B) His own knowledge or suspicion

C) Information received from any person other than a police-officer

D) Both B and C

43 / 100

The deciding factor under Section 112 of the Evidence Act is the date of-

A) none of the above

B) both (a) & (b)

C) birth of the child

D) conception of the child

44 / 100

Under Order XXXV, Rule 5, who cannot institute an interpleader-suit to compel them to interplead with persons other than their principals or landlords?

A) Government servants

B) Insurance companies

C) Agents and tenants

D) Banks

45 / 100

Who becomes the Ex-officio Chairman of the Bangladesh Bar Council?

A) Minister of Law

B) President of Supreme Court Bar

C) Chief Justice

D) Attorney General

46 / 100

Under Order XXXIX, Rule 3, the Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, direct notice of the application for the same to be given to the:

A) Police

B) Opposite party

C) General public

D) Government

47 / 100

Under Section 195(3), a Court is deemed to be subordinate to the Court to which:

A) It transfers cases

B) Appeals ordinarily lie

C) It sends tax money

D) Administrative reports are sent

48 / 100

If murder is committed by any one of the dacoits in the commission of dacoity, every offender shall be punished with:

A) Death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years. (Any one of the above).

B) Imprisonment for life.

C) Death.

D) Rigorous imprisonment for ten years.

49 / 100

The estoppel in Section 115 of the Evidence Act is an estoppel by-

A) pais

B) deed

C) all the above

D) record

50 / 100

Under Section 195(1)(a), offences punishable under Sections 172 to 188 of the Penal Code cannot be taken cognizance of EXCEPT on the complaint of:

A) A Magistrate

B) The public servant concerned or his superior

C) A police officer

D) The victim

51 / 100

Under Order XXXII, Rule 9, if the interest of the next friend of a minor is adverse to that of the minor, or if he is so connected with a defendant whose interest is adverse to that of the minor, the next friend may be:

A) Sent to jail

B) Fined

C) Forced to adopt the minor

D) Removed by the Court

52 / 100

Under Order XXXVII, Rule 3, in a summary suit, a defendant is not entitled to defend the suit unless he:

A) Brings 5 witnesses

B) Pays the full claim immediately

C) Obtains leave from the Court to appear and defend

D) Countersues the plaintiff

53 / 100

Is a "hundi" specifically mentioned in the definition of a bill of exchange?

A) Only if registered

B) No

C) Yes

D) Only in commercial disputes

54 / 100

What is the President's Order number of the Bangladesh Legal Practitioners and Bar Council Order, 1972?

A) P.O. No. 48

B) P.O. No. 46

C) P.O. No. 42

D) P.O. No. 44

55 / 100

Under Order XLI, Rule 21, where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear the appeal if he satisfies the Court that:

A) He forgot the date

B) He was busy at work

C) He did not like the trial judge

D) The notice was not duly served or that he was prevented by sufficient cause from appearing

56 / 100

Under Order XXXIV, Rule 4, in a suit for sale of mortgaged property, if the plaintiff succeeds, the Court shall pass a:

A) Final decree directly

B) Preliminary decree

C) Rejection order

D) Ex parte decree

57 / 100

Where there were only five named accused who allegedly committed dacoity. Two were acquitted, holding that only three took part. The remaining three can be convicted of:

A) Robbery (Since the number is reduced below 5).

B) No offence.

C) Unlawful assembly.

D) Dacoity.

58 / 100

Promoters contract to purchase mineral property without precautions at an extravagant price. Can this be enforced?

A) Cannot be specifically enforced

B) Yes

C) Enforceable after incorporation

D) Can be enforced if vendors agree

59 / 100

The doctrine of estoppel is contained in Section _____ of the Bangladeshi Evidence Act.

A) 113

B) 115

C) 112

D) 114

60 / 100

How many members are directly elected to the Bar Council?

A) 14 members

B) 12 members

C) 15 members

D) 10 members

61 / 100

Under Order XL, Rule 4, if a receiver fails to submit his accounts or fails to pay the amount due from him, the Court may direct his property to be:

A) Given to the plaintiff

B) Attached and sold

C) Donated

D) Kept in the court room

62 / 100

A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it to A. Z signs and delivers it. A is guilty of:

A) Cheating.

B) Extortion.

C) Criminal breach of trust.

D) Theft.

63 / 100

Presumption under Section 113-A of the Evidence Act can be raised if the suicide by the married woman is committed within-

A) five years of marriage

B) three years of marriage

C) seven years of marriage

D) one year of marriage

64 / 100

Under Order XXXIII, Rule 5, an application for permission to sue as an indigent person (pauper) shall be rejected if:

A) He has entered into any agreement with reference to the subject-matter under which any other person has obtained an interest

B) All of the above

C) His allegations do not show a cause of action

D) He is not an indigent person

65 / 100

What is the total number of members in the Bangladesh Bar Council?

A) 15 members

B) 11 members

C) 13 members

D) 17 members

66 / 100

Does a "suit" include an application?

A) Yes

B) Yes, if filed together

C) No

D) Only interlocutory applications

67 / 100

Presumption as to dowry death is contained in Section _____ of the Bangladeshi Evidence Act.

A) 111

B) 112

C) 113A

D) 113B

68 / 100

Under Sec 2(5), an easement allows someone to appropriate part of the soil belonging to:

A) Another person

B) The Government

C) Himself

D) A trust

69 / 100

Privilege in respect of judges & magistrates under Section 121 of the Evidence relates to questions which a witness cannot be-

A) none of the above

B) permitted to answer

C) compelled to answer

D) both (a) & (b)

70 / 100

Presumption under Section 114 of the Evidence Act can be raised having regard to the common cause of-

A) human conduct

B) public and private business

C) all of the above

D) natural events

71 / 100

Is a mortgagee remaining in possession after the mortgage is satisfied considered a "trustee"?

A) Yes

B) Only for one year

C) No

D) Yes, if ordered by the court

72 / 100

Under Order XXVII, Rule 5, the Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government, which shall not be less than:

A) Two months

B) One month

C) Six months

D) Three months

73 / 100

Estoppels are binding upon-

A) privies of the litigating parties

B) strangers to the lis

C) litigating parties

D) both (a) & (b) only

74 / 100

How does a case reach the Court of Session for trial?

A) The police submit the FIR directly to the Session Court

B) The accused must be sent to it by a Magistrate duly empowered

C) The victim complains directly to the Session Judge

D) The High Court sends it

75 / 100

The Directors have power to sell a concern with sanction. They contract to sell it without sanction. This contract:

A) Can be enforced by shareholders

B) Is valid but voidable

C) Can be enforced

D) Cannot be specifically enforced

76 / 100

A trustee of land with power to lease for 7 years enters into a contract to grant a 7-year lease with a covenant to renew. Can this be specifically enforced?

A) Only if beneficiary agrees

B) Yes

C) No, it cannot be specifically enforced

D) Only if registered

77 / 100

The master of the house, seeing a large number of dacoits, does not offer any resistance and no force or violence is used in taking away the property. The offence committed is:

A) Dacoity (The sheer number and display of force implies fear/violence).

B) Theft.

C) Extortion.

D) Robbery.

78 / 100

Section 112 of the Evidence Act applies when there is a dispute regarding-

A) both (a) & (b)

B) maternity of a child

C) none of the above

D) paternity of a child

79 / 100

Under Section 116 of the Evidence Act, the tenant is estopped from denying the title to the property, of the-

A) actual owner

B) landlord

C) none of the above

D) both (a) & (b)

80 / 100

The difference between theft and extortion is that:

A) Theft relates to immovable property while extortion relates to movable property.

B) None of the above.

C) In theft, property is taken without the owner's consent; in extortion, consent is wrongfully obtained by putting the person in fear.

D) Both (a) and (b).

81 / 100

A contracts to sell B an estate. It contains a valuable unknown property. Specific performance should be:

A) Cancelled entirely

B) Granted with double price

C) Granted strictly

D) Refused to B unless he waives claim to the unknown property

82 / 100

A contracts to let B use A's railway for 21 years, requiring A to supply engine power and repair it. Specific performance:

A) Must be refused to B

B) Requires approval

C) Must be granted

D) Applies only to repair

83 / 100

Under Order XXXII, Rule 4, any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit, provided that:

A) He pays the court fees

B) He is a relative of the minor

C) The interest of such person is not adverse to that of the minor

D) He is a lawyer

84 / 100

From a legal perspective, what type of body is the Bangladesh Bar Council?

A) NGO

B) Semi-government body

C) Constitutional Body

D) Statutory Body

85 / 100

A meets Z on a highway, shows a pistol, and demands Z's purse. Z gives it. A has committed:

A) Extortion.

B) Dacoity.

C) Robbery (Extortion escalating to robbery due to fear of instant death/hurt and presence).

D) Theft.

86 / 100

Under Order XXXVIII, Rule 9, where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when:

A) Both A and B

B) The defendant furnishes the security required

C) Only when the plaintiff agrees

D) The suit is dismissed

87 / 100

Does a "bond" obligate a person to pay money if a specified act is NOT performed?

A) It only applies to property transfer

B) Yes, it applies whether the act is performed or not performed

C) It is an unconditional promise

D) No, only if it IS performed

88 / 100

The footnote indicates that the word "Bangladesh" was substituted for which word in the original Act?

A) Pakistan

B) East Pakistan

C) India

D) Bengal

89 / 100

According to Section 193, can a Court of Session take cognizance of an offence as a Court of original jurisdiction?

A) Only if the accused requests it

B) No, except as otherwise expressly provided by this Code or any law

C) Only in murder cases

D) Yes, in all cases

90 / 100

In the offence of extortion, the threat of injury can be directed against:

A) The person himself.

B) His relations.

C) Any person (himself or any other).

D) His family.

91 / 100

Which of the following is correct regarding robbery?

A) An accidental infliction of injury by a thief will not convert his offence into robbery.

B) The injury must be intended to facilitate the theft or escape with property.

C) For the offence of robbery, the presence of imminent fear or violence for the specified purposes is necessary.

D) All of these.

92 / 100

Section 195 deals with the prosecution for contempt of:

A) Private property

B) The High Court

C) Media

D) Lawful authority of public servants

93 / 100

Is the Court bound to grant specific performance merely because it is lawful to do so under Section 22?

A) No, the jurisdiction is discretionary

B) Only if both request

C) Yes

D) Only immovable

94 / 100

Under Section 21A, a contract for the sale of immovable property must be:

A) Notarized only

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

C) Oral and witnessed

D) Stamped

95 / 100

Estoppel-

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

B) is a cause of action in itself

C) none of the above

D) creates a cause of action

96 / 100

Which of the following acts does NOT amount to extortion?

A) Refusal to allow people to carry away firewood collected in a government forest (unless a fee is paid unlawfully).

B) None of these (meaning all might or might not be extortion depending on if 'injury' is illegal. The key says (d) None of these amount to extortion, as 'injury' must be illegal harm).

C) Obtaining a bond under the threat of non-rendering of service as a wakil (lawyer), if it constitutes an injury.

D) Refusal to perform a marriage ceremony without taking payment (if it's a legal duty).

97 / 100

If an Executive Magistrate takes cognizance under Section 190(4), what must they do next?

A) Arrest the accused immediately

B) Send it for trial to the court of competent jurisdiction

C) Try the case themselves

D) Dismiss the case

98 / 100

Which one of the following is an offence punishable at four stages (preparation, assembly, attempt, commission)?

A) Murder.

B) Rape.

C) Dacoity.

D) Robbery.

99 / 100

Dacoity or its related acts are punishable when:

A) All of the above (Every stage of dacoity is punishable)

B) Five or more persons assemble for the purpose of committing dacoity.

C) Making preparation to commit dacoity.

D) Attempting dacoity.

100 / 100

Under the Specific Relief Act, 1877, the term "obligation" includes every duty enforceable by:

A) Society

B) Religion

C) Law

D) Morality

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Bar Council Full Model Test 31 English | 100 Marks 60 Min