Bar Council Full Model Test 34 English

Bar Council Full Model Test 34 (English)

Bangladesh Bar Council Preliminary Full Model Test 34

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

If a plaint is rejected due to undervaluation or failure to pay proper court fees, does it bar the plaintiff from filing a fresh suit on the same cause of action?

A) No, it does not of its own force preclude presenting a fresh plaint

B) Yes, it operates as res judicata

C) No, but only if the defendant agrees

D) Yes, unless the High Court gives permission

2 / 100

If a suit is dismissed due to the non-appearance of both parties, can the plaintiff file a fresh suit on the same cause of action?

A) Yes, subject to the law of limitation

B) No, the dismissal operates as res judicata

C) No, unless the defendant consents

D) Yes, but only with the permission of the High Court

3 / 100

If a forged document is used in a Civil Court, who must make the complaint under Section 195(1)(c)?

A) A Magistrate

B) The Civil Court (or its superior)

C) The criminal investigation department

D) The person affected by the forgery

4 / 100

Does a Magistrate need to examine a public servant who makes a written complaint acting in official duties?

A) No, nothing requires such examination

B) Yes, mandatory

C) Yes, if the accused requests it

D) Only if the offence is non-bailable

5 / 100

Which class of Magistrate is NOT authorized to direct an inquiry or investigation under Section 202?

A) Magistrate of the first class

B) Magistrate of the third class

C) Magistrate of the second class

D) Chief Metropolitan Magistrate

6 / 100

Generally speaking, the elements of a crime are:

A) Mens rea and actus reus are the most important; motive is generally not a primary factor in determining liability (though relevant for evidence).

B) Motive is more important than mens rea.

C) Motive is never considered.

D) Motive, mens rea, and actus reus are all essential.

7 / 100

What punishment can the Bar Council impose on an advocate if professional misconduct is proven?

A) All of the above

B) Suspend

C) Remove from practice

D) Reprimand

8 / 100

The preliminary investigation ordered under Section 196B must be done by a police officer not below the rank of:

A) Superintendent

B) Sub-Inspector

C) DIG

D) Inspector

9 / 100

Under Sec 14 Explanation I, in excluding the time of a former pending suit, is the day it ended counted in the excluded time?

A) Court's discretion

B) Only if it was a working day

C) Yes

D) No

10 / 100

If an allegation of fact in the plaint is not specifically denied in the written statement, what is the legal presumption?

A) It is deemed irrelevant to the case

B) It is taken to be admitted by the defendant

C) The court will demand independent proof regardless

D) It is considered disputed and must be proved

11 / 100

Mere preparation of which of the following offences is NOT punishable?

A) To commit dacoity (Punishable under S.399).

B) To commit depredations on friendly territories (Punishable under S.126).

C) Waging war against the Government (Punishable under S.122).

D) Abetment of murder (Preparation is not punishable; instigation itself is the offence).

12 / 100

When a suit is called for hearing and neither the plaintiff nor the defendant appears, what is the natural consequence?

A) The court issues an arrest warrant for both parties

B) The court decrees the suit on merits

C) The suit is adjourned for a month

D) The suit is dismissed

13 / 100

Under Section 35(b), rescission may be adjudged where the contract is unlawful for causes not apparent, and:

A) The defendant is more to blame than the plaintiff

B) Neither

C) Plaintiff more to blame

D) Both equally

14 / 100

A suit is dismissed because the plaintiff failed to appear. If the plaintiff wants to restore the suit rather than file a fresh one, what must they prove to the court?

A) That the defendant is guilty

B) That they have a strong case on merits

C) That their lawyer was incompetent

D) That there was sufficient cause for their non-appearance

15 / 100

Who acts as the Chairman of the Enrollment Committee?

A) Minister of Law

B) Vice-Chairman of Bar Council

C) Appellate Division Judge

D) Attorney General

16 / 100

Under Section 195(5), if a superior authority orders the withdrawal of a public servant's complaint, the Court shall:

A) Ignore the withdrawal

B) Take no further proceedings on the complaint

C) Ask for High Court permission

D) Fine the superior authority

17 / 100

The condition where a plaintiff unites several causes of action against the same defendant in one single suit is:

A) Prohibited under all circumstances

B) Permitted only in criminal cases

C) Legally permitted to prevent multiplicity of suits

D) Considered a misjoinder of parties

18 / 100

Under Section 17(1), if a person dies before a right to sue accrues, time is computed from when a capable rep exists. Does this apply if the defendant dies?

A) Only for debts

B) Yes, Section 17(2) provides the same rule

C) Only for contracts

D) No, only the plaintiff

19 / 100

What is the maximum statutory period typically allowed for a defendant to file a written statement after the service of summons?

A) 90 days

B) 120 days

C) 30 working days (extendable up to 60 working days by the court)

D) 15 working days

20 / 100

Every pleading must be signed by:

A) Only the appointed pleader

B) The oath commissioner

C) The party and his pleader (if any)

D) The judge and the court clerk

21 / 100

Can a defendant file a pleading subsequent to the written statement without the express leave of the court?

A) No, except by way of defence to a set-off or counter-claim

B) No, under no circumstances

C) Yes, at any time before the final argument

D) Yes, if the plaintiff's lawyer has no objection

22 / 100

Which of the following is an INCORRECT principle of criminal jurisprudence?

A) Whenever insanity is pleaded, the burden lies on the prosecution to prove the accused was of sound mind. (The burden to prove insanity is on the accused).

B) Protection against Double Jeopardy.

C) Presumption of innocence and burden on prosecution.

D) Protection against self-incrimination.

23 / 100

Under Section 201, what must a Magistrate do if a written complaint is made to him but he is NOT competent to take cognizance?

A) Dismiss the complaint immediately

B) Call the police to arrest the complainant

C) Tear up the complaint

D) Return the complaint for presentation to the proper Court with an endorsement

24 / 100

A institutes a suit for specific performance. If the Court refuses, it may, if A prayed in the alternative, direct it to be:

A) Published

B) Rescinded and delivered up to be cancelled

C) Assigned to B

D) Handed to police

25 / 100

A pool promoter instructed collectors not to collect money until after matches. A collector disobeyed and collected money early (an illegal act).

A) The promoter was guilty.

B) Both were guilty.

C) The collector was guilty.

D) The promoter was not guilty (as he expressly forbade it and lacked mens rea/authorization).

26 / 100

A tenant for life contracts to sell to C (with notice). A dies. C may enforce against:

A) B (the remainderman)

B) A's executor

C) Nobody

D) Government

27 / 100

Section 19 Explanation I: Must an acknowledgment be addressed directly to the person entitled to the right?

A) It must be addressed to the court

B) It must be published publicly

C) No, it may be addressed to a person other than the person entitled

D) Yes, strictly

28 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it is accompanied by a refusal to pay, deliver, or perform?

A) Only for small debts

B) No, it nullifies it

C) Yes

D) Only if the refusal is polite

29 / 100

Re-examination of a witness shall be by-

A) by the adverse party

B) both (a) & (b)

C) by the party calling the witness

D) none of the above

30 / 100

Which section strictly bars a Court of Session from taking original cognizance unless the case is sent to it by a Magistrate?

A) Section 193

B) Section 191

C) Section 192

D) Section 190

31 / 100

A co-defendant in a case-

A) cannot be cross-examined by another co-defendant under any circumstance

B) can be cross-examined by another co-defendant when their interests adverse to each other

C) none of the above

D) can be cross-examined by another co-defendant if their interests are identical

32 / 100

Question as to admissibility of evidence-

A) may be decided as they arise or may be reserved until judgment

B) should be decided as they arise

C) none of the above

D) should be reserved until judgment

33 / 100

If an ORAL complaint is made to a Magistrate who is not competent to take cognizance, what should he do?

A) Write it down and send it to the High Court

B) Arrest the accused anyway

C) Postpone the case for a month

D) Direct the complainant to the proper Court

34 / 100

Vicarious liability in criminal law generally means:

A) Liability for wrongs committed by someone else, provided the accused authorized/assented to it or failed to prevent it (e.g., specific statutory duties).

B) Liability for someone else's fault absolutely.

C) Liability without fault.

D) Whoever permits the act.

35 / 100

Under Sec 14 Explanation I, is the day the former suit was instituted counted in the excluded time?

A) Yes

B) Only for commercial suits

C) No

D) Only for civil suits

36 / 100

Re-examination of a witness can be for the purposes of-

A) filling what is left-over in examination in chief

B) explaining the matters referred to in the examination in chief

C) all the above

D) explaining the matters referred to in cross-examination

37 / 100

Specific performance cannot be enforced against a party if his assent was obtained by:

A) Fair negotiation

B) Legal advice

C) Registered document

D) Misrepresentation, concealment, circumvention or unfair practices

38 / 100

Mens rea means:

A) Guilty frame of mind.

B) The mental state expressly or impliedly mentioned in the definition of the crime charged, constituting a necessary requirement.

C) Expectations in the mind.

D) Evil intent.

39 / 100

Husband & wife both are competent witnesses for & against each other-

A) in criminal proceedings

B) in both civil & criminal proceedings

C) in civil proceedings

D) none of the above

40 / 100

Under Sec 14 Explanation III, what is deemed to be a cause of a like nature with defect of jurisdiction?

A) Forgery

B) Misjoinder of parties or of causes of action

C) Bankruptcy

D) Non-payment of fees

41 / 100

Which is an instance of criminal attempt?

A) Possessing obscene photos and thinking of publishing them (Intention).

B) None of the above. (Administering harmless substance is often considered factual impossibility and not attempt in some older jurisprudence, though modern law sometimes punishes it. The key says None).

C) Administering sugar thinking it is poison (Impossible attempt).

D) Procuring color to make false coins (Preparation).

42 / 100

After re-examination of a witness, the adverse party has a right to further cross-examine the witness afresh in general

A) True

B) none of the above

C) False

D) partly true

43 / 100

Under Section 145 of the Evidence Act, a witness may be cross-examined as to previous statement in writing-

A) without proving the same and without showing the same to the witness

B) only after proving the same, may be without showing the same to the witness

C) only after proving the same & showing the same to the witness.

D) without proving the same but only after showing the same to the witness

44 / 100

In the form of authorization under Section 199B, the husband must include a statement that he has been:

A) Medically discharged

B) Promoted recently

C) Informed of the allegations upon which the complaint is to be founded

D) Transferred to a different unit

45 / 100

Strict liability offences mean:

A) Crimes not requiring fault or guilty mind; the doing of the forbidden act alone holds one responsible.

B) Crimes committed negligently.

C) Crimes where one authorized the act.

D) Crimes requiring fault of another.

46 / 100

Negligence in crime means:

A) Foreseeing probability but not desiring it.

B) Want of care and precaution which a reasonable man would have taken under the circumstances.

C) Mental indifference.

D) Acting without intention.

47 / 100

A suit for the recovery of immovable property cannot generally be joined with other claims except:

A) Claims for breach of a business contract

B) Claims for mesne profits or arrears of rent regarding that specific property

C) Claims for recovery of an unrelated personal loan

D) Claims for defamation against the same defendant

48 / 100

The injury contemplated under Section 503 (Criminal Intimidation) is:

A) Legal or illegal harm.

B) All of these.

C) Legal harm.

D) Illegal harm.

49 / 100

A licensee instructed his manager not to allow prostitutes on the premises. The manager disobeyed. The licensee had no knowledge. Held:

A) Licensee held vicariously liable (as the statute imposed a strict duty on the licensee to prevent it, which he delegated).

B) Licensee not liable.

C) Licensee not liable due to lack of knowledge.

D) None of the above.

50 / 100

A contracts to bequeath lands to B. A dies intestate, C takes out administration. B may enforce against:

A) C

B) State

C) Relatives

D) Nobody

51 / 100

During re-examination of a witness-

A) a new matter can be introduced only with the permission of the court

B) no new matter can be introduced at all

C) none of the above

D) a new matter can be introduced as a matter of right generally

52 / 100

If a suit is filed in a court that lacks the territorial or pecuniary jurisdiction to try it, what is the proper order for the court to make?

A) Reject the plaint

B) Dismiss the suit

C) Return the plaint to be presented to the proper court

D) Transfer the case to the Supreme Court

53 / 100

Cross-examination of a witness must relate to relevant facts but need not be confined to what the witness testified in examination in chief

A) False

B) partly true

C) none of the above

D) True

54 / 100

When a Magistrate takes cognizance of an offence on complaint, how must he examine the complainant?

A) Through a police officer

B) Through a written questionnaire

C) Upon oath

D) Secretly in chambers

55 / 100

What happens if a party who obtains an order for leave to amend their pleadings fails to do so within the time specified by the court?

A) The suit is automatically decreed in their favor

B) The opposing party must amend it for them

C) They can amend it anytime before the final judgment

D) They shall not be permitted to amend after the expiration of the time, unless time is extended

56 / 100

Re-examination of a witness can be done-

A) none of the above

B) after examination in chief but before cross-examination

C) either (a) or (b)

D) after examination chief and after cross-examination

57 / 100

If the defendant appears but the plaintiff does not appear, and the defendant does not admit the plaintiff's claim, what shall the court do?

A) Dismiss the suit

B) Adjourn the case indefinitely

C) Decree the suit in favor of the plaintiff

D) Proceed ex parte against the plaintiff

58 / 100

To an answer to a court question, the adverse party-

A) has a right to cross-examination as a matter of right

B) has a right to cross-examine only with the permission of the court

C) none of the above

D) has no right to cross-examine the witness

59 / 100

Who is required to sign the written substance of the examination under Section 200?

A) Both the complainant/witness and the Magistrate

B) The Public Prosecutor

C) Only the complainant or witness

D) Only the Magistrate

60 / 100

Which one of the following is an inchoate (incomplete) crime?

A) Unlawful assembly. (Conspiracy, Attempt, and Incitement/Abetment are inchoate crimes. Unlawful assembly is technically substantive but acts towards a goal. The key says (c) but Attempt (b) is the classic inchoate crime. Following the provided key).

B) Public nuisance.

C) Riot.

D) Criminal attempt.

61 / 100

What is the legal effect of a counter-claim filed by a defendant?

A) It forces the plaintiff to withdraw the original suit

B) It pauses the plaintiff's suit indefinitely

C) It is treated as a separate cross-suit and can proceed even if the plaintiff's suit is dismissed

D) It is only heard after the plaintiff's suit is fully disposed of

62 / 100

Under Section 202, who can a Magistrate direct to make an inquiry or investigation?

A) A police-officer

B) Such other person as he thinks fit

C) All of the above

D) Any subordinate Magistrate

63 / 100

Section 27A regarding part performance of a contract to lease requires the contract to be:

A) Oral

B) Registered strictly

C) Made in writing signed by the parties or on their behalf

D) Notarized

64 / 100

Section 196 covers Section 153A of the Penal Code. What does 153A typically deal with?

A) Contract disputes

B) Traffic violations

C) Promoting enmity between groups

D) Theft

65 / 100

Under Section 195(1)(a), the term "public servant" refers to someone whose lawful authority was:

A) Delegated

B) Promoted

C) Praised

D) Contemned (disobeyed/obstructed)

66 / 100

When a document upon which the plaintiff relies is not produced in court along with the plaint, what is the general consequence?

A) The document cannot be received in evidence later at the hearing without the Court's leave

B) The defendant automatically wins the suit

C) The suit is immediately dismissed

D) The plaintiff is heavily fined

67 / 100

The principle of legality (nullum crimen sine lege) implies all EXCEPT:

A) Laws must be certain, accessible, and intelligible.

B) Non-retroactivity of penal laws.

C) Penal statutes are construed strictly.

D) No person shall be prosecuted and punished for the same offence more than once (This is Double Jeopardy, not strict Principle of Legality).

68 / 100

What happens if the plaintiff appears but the defendant fails to appear despite the summons being duly served in time?

A) The court proceeds ex parte against the defendant

B) A new summons is automatically issued

C) The suit is dismissed

D) The plaintiff is asked to withdraw the suit

69 / 100

Defamation is related to:

A) Both.

B) None of the above.

C) Character of a person.

D) Reputation of a person.

70 / 100

Does Section 17 (effect of death) apply to suits for the possession of an hereditary office?

A) Yes

B) No

C) Only for government offices

D) Only for religious offices

71 / 100

What is the minimum age requirement for an applicant to become an advocate in Bangladesh?

A) 18 years

B) 23 years

C) 25 years

D) 21 years

72 / 100

For what purpose can a Magistrate postpone the issue of process under Section 202?

A) To wait for media attention

B) To allow the parties to settle outside court

C) To ascertain the truth or falsehood of the complaint

D) To give the accused time to flee

73 / 100

Section 511 (Attempt) does NOT apply in the case of:

A) None.

B) Attempt of theft.

C) Attempt of murder (Attempt to murder has its own specific section, Sec 307).

D) Attempt of riot.

74 / 100

The provisions of Chapter II as to contracts shall apply to:

A) Government treaties

B) Awards and directions in a will to execute a particular settlement

C) Criminal sentences

D) Oral gifts

75 / 100

Under Sec 15(1), if the execution of a decree is stayed by an injunction, is the day the injunction was withdrawn excluded?

A) Counted as half day

B) No

C) Depends on the judge

D) Yes

76 / 100

Sanction under Section 197 for prosecuting a public servant is required if the offence is alleged to have been committed:

A) While acting or purporting to act in the discharge of his official duty

B) Before he became a public servant

C) In his private home

D) While on leave

77 / 100

Section 16 relates to the exclusion of time for proceedings to set aside what kind of sale?

A) Auction by a bank

B) Sale of stolen goods

C) Sale in execution of a decree

D) Private property sale

78 / 100

During examination in chief or re-examination leading question-

A) on certain matter can be asked only with the permission of the court

B) cannot be asked under any circumstances

C) on certain matters can be asked without the permission of the court, as a matter of right

D) none of the above

79 / 100

Protection under Section 122 of the Evidence Act is available-

A) both (a) & (b)

B) none of the above

C) husband & wife as a witness

D) a witness

80 / 100

The word 'takes' in Section 361 (Kidnapping) signifies:

A) All of the above.

B) Physical taking (or creating a situation where the minor leaves guardianship).

C) Taking by fraud.

D) Taking by force.

81 / 100

To successfully set aside an ex parte decree, the defendant must generally establish that:

A) The plaintiff's case is weak on merits

B) The summons was not duly served or they were prevented by sufficient cause from appearing

C) They have no money to satisfy the decree

D) The judge was biased

82 / 100

If a contract provides for compensation for mistake, and assent was given under mistake, the contract may be specifically enforced if:

A) Compensation is made for a mistake within the scope of such provision

B) Mistake fatal

C) Property moveable

D) Mistake ignored

83 / 100

If a party wishes to amend their pleadings to introduce a completely new, inconsistent, and contradictory case, what is the court's usual approach?

A) It is allowed unconditionally

B) It is allowed with a penalty

C) It is generally refused as it alters the fundamental character of the suit

D) It is allowed but only in the appellate stage

84 / 100

Against an ex parte decree, which of the following is NOT a direct legal remedy available to the defendant?

A) Applying for a review of the judgment

B) Filing a fresh suit to cancel the decree (unless fraud is proved)

C) Filing a regular appeal against the decree

D) Applying to the same court to set aside the ex parte decree

85 / 100

Which of the following is correct?

A) Attempt is the direct movement towards the commission of an offence after preparation.

B) Both (a) and (b).

C) An attempt is distinct from mere intention.

D) None of the above.

86 / 100

For how many years is a person dismissed from govt service for moral turpitude disqualified from enrollment?

A) 1 year

B) 2 years

C) Lifetime

D) 3 years

87 / 100

Under Section 145 of the Evidence Act, a witness may be contradicted as to previous statement in writing-

A) after proving the same may be before showing the same to the witness

B) after proving the same and showing the same to the witness

C) without proving the same and without showing the same to the witness

D) without proving the same but only after showing the same to the witness

88 / 100

Under Section 33, in rectifying an instrument, the Court may inquire what were intended to be its:

A) Drafter

B) Grammatical structure

C) Location

D) Legal consequences

89 / 100

Which of the following is NOT a typical exception (strict liability) to the doctrine of mens rea?

A) Abduction and Bigamy (in some jurisdictions).

B) Sale of adulterated drugs/food.

C) Public welfare offences (road traffic).

D) Liability of the master for all acts of his servants (Vicarious liability is limited in criminal law).

90 / 100

Under proviso (a) to Section 200, when is the examination of the complainant NOT required before transferring the case?

A) When the complainant is a woman

B) When the offence is bailable

C) When the accused is a public servant

D) When the complaint is made in writing

91 / 100

Defamation (Chapter XXI of the Penal Code) requires a complaint by:

A) Some person aggrieved by such offence

B) Any citizen

C) The State

D) The police

92 / 100

Under Section 199, if a husband is an idiot or lunatic, who can complain about adultery?

A) The police must take suo moto action

B) Nobody

C) The Medical Board

D) Some other person, with the leave of the Court

93 / 100

In a suit for the recovery of money, the defendant claims that the plaintiff also owes him an ascertained sum of money legally recoverable. This claim is known as:

A) A set-off

B) Res judicata

C) A rejoinder

D) An injunction

94 / 100

The justification for vicarious liability in certain crimes is based on:

A) Public policy, to induce masters to exercise supervision and prevent crimes by subordinates.

B) Convenience.

C) Shallow pockets of servants.

D) Deterring the criminal.

95 / 100

If a case is transferred under Section 192 and the transferring Magistrate has already examined the complainant, must the receiving Magistrate re-examine them?

A) Only if it is a murder case

B) Yes, to confirm the facts

C) Yes, if the police request it

D) No, he shall not be bound to re-examine them

96 / 100

Which committee finalizes the issuance of certificates and enrollment of advocates?

A) Finance Committee

B) Executive Committee

C) Enrollment Committee

D) Legal Education Committee

97 / 100

Court can permit leading questions during examination in chief or re-examination if they refer to the matters-

A) which are sufficiently proved

B) which are introductory

C) either (a) or (b) or (c)

D) which are undisputed

98 / 100

Under Section 31, if the Court finds fraud or mistake, it may rectify the instrument so far as it can be done:

A) Only if defendant agrees

B) Immovable property

C) Without limit

D) Without prejudice to rights acquired by third persons in good faith

99 / 100

Actus reus is made up of constituent parts. Which is NOT necessarily one?

A) Human action (conduct).

B) The result (injury).

C) Act may be done voluntarily or involuntarily (Actus reus generally requires a voluntary act).

D) Act prohibited by law.

100 / 100

Does Section 18 allow computing time against an innocent purchaser who claims through a fraudster?

A) No, not if they claim in good faith and for a valuable consideration

B) Always

C) Only if the property is moveable

D) Yes

The average score is 0%

0%

Bar Council Full Model Test 34 English | 100 Marks 60 Min