Bar Council Full Model Test 32 English

Bar Council Full Model Test 32 (English)

Bangladesh Bar Council Preliminary Full Model Test 32

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

Under Order XLV, Rule 3, every petition for appeal to the Appellate Division shall pray for a certificate that:

A) The case is a fit one for appeal to the Appellate Division

B) Either A or B

C) The appellant is innocent

D) The case involves a substantial question of law as to the interpretation of the Constitution

2 / 100

A and B were traveling. A had a ticket for Ayodhya, B for Benares. A handed her ticket to B to check. B pretended to return it but gave A a different ticket, keeping A's. B commits:

A) Mischief.

B) Criminal breach of trust.

C) Cheating.

D) Criminal misappropriation (or Cheating).

3 / 100

Under Order V, Rule 9, where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction, the summons shall be served:

A) By a proper officer of the Court

B) By the plaintiff himself

C) Only by registered post

D) By the police

4 / 100

Which of the following sections is EXCEPTED from the strict requirement of Section 196?

A) Section 153A (Promoting enmity)

B) Section 124A (Sedition)

C) Section 127 (Receiving property taken by war or depredation)

D) Section 295A (Outraging religious feelings)

5 / 100

Under Order XIV, Rule 6, where the parties to a suit are agreed as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that upon the finding of the Court in the affirmative or the negative of such issue:

A) A sum of money specified in the agreement shall be paid by one of the parties to the other

B) All of the above

C) One or more of the parties shall do or abstain from doing some particular act

D) Some property specified in the agreement shall be delivered

6 / 100

Under Section 196B, what may a District Magistrate order for offences under Sections 196 or 196A?

A) Dismissal of the case

B) Immediate execution

C) A preliminary investigation by a police-officer

D) Transfer to a civil court

7 / 100

A communication made to the spouse during marriage, under Section 122 of the Evidence Act remains privileged communication after the dissolution of marriage by divorce or death

A) False

B) partly true

C) True

D) none of the above

8 / 100

If promoters enter into a contract before incorporation, who may obtain specific performance if warranted?

A) Promoters individually

B) The company

C) Shareholders

D) Government

9 / 100

Admissibility of the evidence under Section 122 of the Evidence Act has to be adjudged in the light of the status on the-

A) when the communication is sought

B) date when the communication was made

C) when the evidence is to be given in the court

D) none of the above

10 / 100

The husband and father-in-law turned out a woman from the marital home and refused to return her money and ornaments (stridhan). They are guilty of:

A) No offence.

B) Cannot say.

C) Criminal misappropriation.

D) Criminal breach of trust.

11 / 100

The accused found a purse on the pavement of a temple in a crowded gathering and put it in his pocket, but was immediately arrested. He is guilty of:

A) Criminal breach of trust.

B) Criminal misappropriation (Attempt or completed, depending on interpretation of 'conversion', but generally moving it with dishonest intent to keep it without searching for the owner completes it).

C) Theft.

D) No offence.

12 / 100

Can a reversioner in remainder obtain specific performance of a covenant entered into with his predecessor?

A) Only if predecessor alive

B) Yes, if he will sustain material injury by its breach

C) No, never

D) Only for commercial

13 / 100

Under Section 196A(1), if a criminal conspiracy's object is to commit an illegal act (not an offence), whose complaint is required?

A) The Government or an empowered officer

B) The victim

C) Any citizen

D) The Police

14 / 100

Which of the following is correct regarding Criminal Breach of Trust?

A) Mere negligence on the part of a person does not amount to dishonest intention.

B) Both (a) and (b).

C) None of the above.

D) Dishonest intention is the gist of criminal breach of trust.

15 / 100

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

A) Remand the case

B) Transfer the case to a different country

C) Arrest the trial judge

D) Dismiss the suit

16 / 100

Under Section 198, if the aggrieved person is under the age of eighteen or a lunatic, who can complain?

A) The local Chairman

B) Some other person with the leave of the Court

C) The hospital

D) The police

17 / 100

The authorization of a husband serving in the armed forces to another person (Sec 199B) must be:

A) In writing

B) Approved by the President

C) Verbal

D) Published in the army gazette

18 / 100

A lessee of mines contracts that lessor B may take machinery at valuation. If this is most injurious to the lessee's business, specific performance:

A) Requires arbitrator

B) Is mandatory

C) Should be refused to B

D) Should be granted

19 / 100

How many members are elected from general seats by the votes of advocates nationwide?

A) 6 members

B) 8 members

C) 5 members

D) 7 members

20 / 100

The offence of criminal breach of trust consists of:

A) Misappropriation.

B) Disposal of property in violation of a legal direction.

C) Conversion.

D) Any one of these (dishonestly done).

21 / 100

Who has the primary responsibility to maintain the roll of advocates?

A) Supreme Court

B) Local Bar Associations

C) Bar Council

D) Ministry of Law

22 / 100

Z dies possessing furniture and money. His servant A, before any entitled person takes possession, uses it for his own purposes. A has committed:

A) Criminal breach of trust.

B) No offence.

C) Criminal misappropriation (specifically under Section 404 - misappropriation of a deceased's property).

D) Cheating.

23 / 100

Under Order XLI, Rule 24, where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgment, the Appellate Court may, after resettling the issues, if necessary:

A) Remand the suit regardless

B) Dismiss the appeal

C) Finally determine the suit

D) Ask for a fresh trial

24 / 100

A finds a valuable ring on the road, not knowing to whom it belongs. A picks it up immediately. A is guilty of:

A) Theft.

B) No offence (if he intends to find the owner; but the key says (a)).

C) Criminal misappropriation (if he retains it without attempting to discover the owner).

D) Criminal breach of trust.

25 / 100

The accused purchased a stolen watch for Rs. 100 from a house without knowing it was stolen. The accused is guilty of:

A) Criminal misappropriation of property.

B) Criminal breach of trust.

C) Theft.

D) No offence (Lack of mens rea regarding its stolen nature).

26 / 100

(Illustration) Right to sue accrues to X during minority. X dies. Minor son Y succeeds. When does time run against Y?

A) From the original date of accruer

B) It doesn't run at all

C) From X's date of death

D) From the date Y attains majority

27 / 100

A contracts to buy all goods from B. The Court cannot compel B to supply. A is ruined unless he buys elsewhere. Specific performance:

A) Enforced against A

B) Requires intervention

C) Should be refused to B

D) Must be granted to B

28 / 100

A public servant covered under Section 197 is one who is not removable from his office save by or with the sanction of:

A) The Police Commissioner

B) The High Court

C) The District Magistrate

D) The Government

29 / 100

How many members are elected based on local bar associations (groups)?

A) 7 members

B) 9 members

C) 11 members

D) 5 members

30 / 100

Under Order IX, Rule 8, where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless:

A) The plaintiff's lawyer is on strike

B) The defendant admits the claim, or part thereof

C) The defendant agrees to an adjournment

D) The judge likes the plaintiff

31 / 100

Under Section 199, no Court shall take cognizance of adultery or enticing a married woman except upon a complaint made by:

A) The husband of the woman (or person having care on his behalf)

B) The woman's father

C) The police

D) The woman herself

32 / 100

Under Order VII, Rule 18, a document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence:

A) Only if it is a public document

B) Except during cross-examination of the defendant's witnesses

C) At the hearing of the suit

D) Only A and B

33 / 100

How is the Vice-Chairman of the Bar Council elected?

A) Nominated by Govt

B) Nominated by Attorney General

C) Elected by members among themselves

D) Appointed by Chief Justice

34 / 100

According to Section 3, when is a suit instituted in the case of a claim against a wound-up company?

A) When the liquidator is appointed

B) When the court confirms the claim

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

D) On the date of winding up

35 / 100

Which is an INCORRECT ingredient of the offence of criminal misappropriation?

A) Dishonest misappropriation or conversion of property for a person's own use.

B) The property may come into possession innocently but its subsequent appropriation constitutes the offence.

C) Misappropriation must be permanent. (Temporary misappropriation is sufficient).

D) Property must be movable.

36 / 100

A dumb person is a competent witness as provided under Section _____ of the Bangladeshi Evidence Act.

A) 118

B) 119

C) 121

D) 120

37 / 100

Are sections 4 to 25 inclusive acting as exceptions to the general rule of dismissal in Section 3?

A) Only sections 4 to 10

B) No

C) Only sections 12 to 25

D) Yes

38 / 100

A contracts to buy land from B. The contract is silent on access, and no right of way exists. Specific performance:

A) Requires road

B) Should be refused to B

C) Cannot be challenged

D) Must be granted

39 / 100

Under Section 196A(2), if a criminal conspiracy's object is a non-cognizable offence, whose written consent is needed?

A) The Government or an empowered District Magistrate

B) The High Court

C) A Police Inspector

D) The Sessions Judge

40 / 100

In which of the following there is no estoppel-

A) attestation of a deed

B) on a point of law

C) all the above

D) against a statute

41 / 100

Accused 'A' obtained utensils representing he was a tenant and would return them after use, but he was not a tenant and absconded. A is guilty of:

A) Criminal breach of trust.

B) Theft.

C) Cheating (He obtained delivery by deception).

D) Mischief.

42 / 100

Section 196 covers prosecution for offences against the:

A) State

B) Economy

C) Property

D) Family

43 / 100

Offences under Chapter VI (Offences against the State) of the Penal Code cannot be taken cognizance of without a complaint authorized by:

A) The Army Chief

B) A Magistrate

C) The District Magistrate

D) The Government, or some officer empowered by it

44 / 100

The offence of criminal breach of trust relates to:

A) Immovable property.

B) Movable property.

C) Either movable or immovable property. (Section 405 says "any property").

D) Neither of the above.

45 / 100

Section 121 of the Evidence Act provides for privilege in respect of-

A) husband and wife

B) affairs of the State

C) official communication

D) judges and magistrates

46 / 100

Specific performance cannot be enforced in favour of a person who had notice that a settlement of the subject-matter:

A) Was oral

B) Was illegal

C) Had been planned

D) Had been made and was then in force

47 / 100

Which section of the Code of Civil Procedure, 1908 is directly referenced in Section 6(1)?

A) Section 151

B) Section 48

C) Section 11

D) Section 10

48 / 100

Under Order XLVI, Rule 3, when a case is referred to the High Court Division under this Order, the Court making the reference shall, on receiving the copy of the judgment of the High Court Division:

A) Order a retrial

B) Ignore it

C) Proceed to dispose of the case in conformity with the decision of the High Court Division

D) Appeal to the Supreme Court

49 / 100

Does Section 6(1) apply to applications for the execution of a decree?

A) No

B) Only decree of possession

C) Only monetary decrees

D) Yes

50 / 100

A tenant or licences under Section 116 of the Evidence Act is estopped from denying the title of landlord-

A) all the above

B) after the surrender of possession under tenancy or licence

C) after the creation of tenancy or licence

D) at the beginning of the tenancy or licence

51 / 100

Five dacoits raided a house. Villagers assembled and forced them to retreat without booty. While retreating, one dacoit fired a shot, killing a villager.

A) All dacoits are liable for murder under Section 396 (Murder in dacoity).

B) None of the above.

C) Only the dacoit who fired the shot is liable.

D) Villagers are liable as they assembled.

52 / 100

The difference between theft & criminal misappropriation is/are:

A) In theft, the offender dishonestly takes property; in misappropriation, possession may come innocently initially.

B) Both (a) and (b).

C) None of the above.

D) Intention in theft is manifested by wrongful taking; in misappropriation, it is manifested when property is converted to his own use.

53 / 100

(Illustration) Debt to firm E, F, G. E & F insane, G minor. When will time run against them?

A) Never

B) When G attains majority, or either E or F becomes sane

C) Immediately

D) After 3 years

54 / 100

Under Order XX, Rule 14, in a suit to enforce a right of pre-emption, if the purchase-money and the costs (if any) are not paid into Court within the specified time, the suit shall be:

A) Adjourned

B) Dismissed with costs

C) Decreed in favor of the plaintiff regardless

D) Referred to arbitration

55 / 100

Under Order XLI, Rule 25, if the lower Court has omitted to frame or try any issue essential to the right decision of the suit, the Appellate Court may:

A) Transfer the case

B) Arrest the lower Court judge

C) Frame issues and refer them for trial to the Court from whose decree the appeal is preferred

D) Discard the issue

56 / 100

Specific performance cannot be enforced in favour of a person who has become incapable of performing any:

A) Essential term of the contract

B) Oral promise

C) Minor detail

D) Future contract

57 / 100

Section 197 deals with the prosecution of:

A) Police informants

B) Foreign nationals

C) Minors

D) Judges and public servants

58 / 100

Under Order VII, Rule 14, where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and shall:

A) Keep it a secret until trial

B) Give it directly to the defendant

C) Deliver the document and a copy thereof, to be filed with the plaint

D) Send it to the police

59 / 100

To prosecute a Judge or covered public servant for an offence committed while acting in official duty, what is required?

A) Previous sanction of the Government

B) A police FIR

C) A petition from 100 citizens

D) Consent of the Supreme Court

60 / 100

The doctrine of estoppel is a-

A) law of pleadings

B) rule of evidence

C) rule of equity

D) substantive law

61 / 100

Under Order II, Rule 6, where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may:

A) Arrest the plaintiff

B) Dismiss the suit

C) Order separate trials

D) Force the parties to settle

62 / 100

Under Section 195(5), who can order the withdrawal of a complaint made by a public servant?

A) The Magistrate

B) The High Court

C) The accused

D) Any authority to which such public servant is subordinate

63 / 100

An accountant in a bank receives money from a customer. Instead of depositing it, he keeps it in his pocket. He is guilty of:

A) Cheating.

B) Criminal misappropriation.

C) Theft.

D) Criminal breach of trust (by a clerk/servant).

64 / 100

A person who obtains possession of property by a trick:

A) Is NOT entrusted with property (it is Theft or Cheating, as entrustment implies lawful handover).

B) Commits criminal misappropriation.

C) Is 'entrusted' with the property within the meaning of CBT.

D) Commits theft.

65 / 100

Do the provisions of Section 195 apply to criminal conspiracies to commit those offences?

A) Only in Civil Courts

B) No

C) Only if the Government agrees

D) Yes

66 / 100

A, the husband of B, gave her money to deposit in the bank in his name. She uses it to purchase a house for herself. She is guilty of:

A) Criminal breach of trust.

B) Extortion.

C) Theft.

D) No offence (Historically, courts have sometimes viewed husband-wife property transfers differently, though strictly it could be CBT. The key says (d) No offence).

67 / 100

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

A) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted

B) The Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment

C) All of the above

D) For any other substantial cause

68 / 100

The police-officer conducting a preliminary investigation under Section 196B must not be below the rank of:

A) Sub-Inspector

B) Inspector

C) Constable

D) Superintendent

69 / 100

Under Section 198, if the aggrieved person is a woman who according to custom ought not to appear in public, who may make the complaint?

A) Nobody

B) Only her husband

C) A female police officer

D) Some other person with the leave of the Court

70 / 100

Under Order III, Rule 4, no pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a:

A) Text message

B) Document in writing signed by such person or by his recognized agent

C) Phone call

D) Oral instruction

71 / 100

Under Order XLV, Rule 7, where the certificate is granted, the applicant shall, within the time prescribed, furnish security for the:

A) Whole decreed amount

B) Pleader's fee only

C) Costs of the respondent

D) Travel expenses of the judges

72 / 100

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

A) An order under Rule 13 of Order IX rejecting an application to set aside a decree passed ex parte

B) An order under Rule 9 of Order IX rejecting an application to set aside the dismissal of a suit

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

D) All of the above

73 / 100

Who determines the manner in which the prosecution of a Judge or public servant is to be conducted?

A) The local Bar Association

B) The Government

C) The Chief Justice

D) The investigating police officer

74 / 100

Can someone else complain on behalf of a husband serving in the armed forces under Section 199?

A) Yes, any fellow soldier

B) Yes, his commanding officer

C) Yes, an authorized person with the leave of the Court

D) No, he must return

75 / 100

Estoppel operates in case of a tenant-

A) during the continuance of tenancy

B) who remain in possession after the termination of tenancy by notice to quit

C) none of the above

D) both (a) and (b)

76 / 100

Under Section 198, prosecution for breach of contract, defamation, and offences against marriage generally requires a complaint from:

A) Any witness

B) The State

C) The police

D) Some person aggrieved by such offence

77 / 100

Under Section 118 of the Evidence Act who amongst the following are competent witnesses-

A) lunatic

B) child

C) all the above

D) accused

78 / 100

Can a person affected by a legal disability institute a suit during the disability?

A) Only if the defendant agrees

B) Yes, through legal representatives or next friends

C) Only with the President's permission

D) No, strictly prohibited

79 / 100

Estoppel-

A) need not be specifically pleaded

B) either (a) or (b)

C) should be specifically pleaded

D) neither (a) or (b)

80 / 100

Under Order VIII, Rule 6C, where a defendant sets up a counter-claim, the plaintiff may apply to the Court for an order that such counter-claim ought not to be disposed of by way of counter-claim but in an independent suit, at any time:

A) Never

B) After the judgment

C) Before issues are settled in relation to the counter-claim

D) During the appeal

81 / 100

Under Section 199A, if someone applies for leave to complain on behalf of a minor/lunatic, and a legal guardian already exists, the Court must:

A) Fine the applicant

B) Ignore the guardian

C) Give notice to the guardian and a reasonable opportunity to object

D) Arrest the guardian

82 / 100

A sells land to a railway company, which contracts to execute works for his convenience. Specific performance of the works:

A) Should be decreed in favour of A

B) Is voidable

C) Substituted with money

D) Cannot be enforced

83 / 100

A person is competent to testify if he-

A) is able to give rational awareness to those questions

B) both (a) & (b)

C) none of the above

D) understands the question put to him

84 / 100

Does Section 5 explicitly mention an application for "leave to appeal"?

A) Only for Supreme Court

B) No

C) Yes

D) Only for criminal cases

85 / 100

Under Sec 5, who must satisfy the court about "sufficient cause"?

A) The appellant or applicant

B) The respondent

C) The public prosecutor

D) The court clerk

86 / 100

Oral evidence is admissible in cases where the contract has been written voluntarily & not required by laws to be so written.

A) partly true

B) False

C) none of the above

D) True

87 / 100

Communication in respect of the affairs of the state are privileged communication on the grounds of public policy under Section _____ of the Bangladeshi Evidence Act.

A) 124

B) 125

C) 123

D) 126

88 / 100

What is the general term of the Bangladesh Bar Council?

A) 2 years

B) 3 years

C) 5 years

D) 4 years

89 / 100

Under Order XXI, Rule 106, an order made ex parte under rule 105 in execution proceedings may be set aside on an application if the applicant satisfies the Court that:

A) The decree holder agreed

B) There was sufficient cause for his non-appearance

C) He did not receive the money

D) He forgot to come

90 / 100

For the offence of criminal misappropriation:

A) None of the above.

B) Such property must be immovable.

C) Both (a) and (b).

D) There must be dishonest misappropriation or conversion of property for a person's own use.

91 / 100

Under Order XLIV, Rule 1, any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as:

A) An amicus curiae

B) A VIP

C) An indigent person (pauper)

D) A state guest

92 / 100

Estoppel can be-

A) election

B) negligence

C) silence

D) all the above

93 / 100

Under Order XLI, Rule 33, the Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Court:

A) Only in monetary matters

B) Notwithstanding that the appeal is as to part only of the decree and may be exercised in favor of all or any of the respondents or parties

C) Only if the lower court agrees

D) Only in favor of the appellant

94 / 100

Under Section 7, what is required for time to run against jointly entitled persons when one is disabled?

A) A discharge can be given without the concurrence of the disabled person

B) A court order

C) The disabled person must consent

D) The capable persons must wait

95 / 100

A holding land under a contract for a lease commits waste or treats it unhusbandlike. Can A enforce specific performance?

A) Yes

B) Only if he pays rent

C) No

D) Only if he stops

96 / 100

A person dishonestly sells the immovable house of Z when Z dies. A commits:

A) None of the above (These offences generally apply to movable property, though cheating/forgery might apply).

B) Extortion.

C) Theft.

D) Criminal misappropriation.

97 / 100

The offence of criminal breach of trust requires:

A) None of the above.

B) The person entrusted dishonestly misappropriates the property to his own use.

C) Both (a) and (b).

D) Entrusting any person with any property or any dominion over the property.

98 / 100

Protection under Section 122 of the Evidence Act is-

A) confined to confidential communication and not applicable to general communication between the husband and wife

B) none of the above

C) confined to confidential communication and may be extended to communications of general nature

D) not confined to confidential communications only but extends to communication of whatever nature

99 / 100

Under Section 23(b), if personal quality is a material ingredient, the representative in interest:

A) Must pay penalty

B) Shall not be entitled to specific performance unless his part is already performed

C) Can transfer

D) Can always enforce it

100 / 100

A girl found a document and handed it to a sweeper. Her brother 'B' knew the original owner but kept the document. B is guilty of:

A) Extortion.

B) Theft.

C) Criminal misappropriation.

D) Cheating.

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Bar Council Full Model Test 32 English | 100 Marks 60 Min