Bar Council Full Model Test 35 English

Bar Council Full Model Test 35 (English)

Bangladesh Bar Council Preliminary Full Model Test 35

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 personal attendance was dispensed with, can the Magistrate later enforce the personal attendance of the accused?

A) Yes, in his discretion at any stage of the proceedings

B) Only at the final verdict

C) Only if the accused commits another crime

D) No, the decision is final

2 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it claims a set-off?

A) Yes

B) Only if the set-off is smaller

C) No

D) Only if the set-off is larger

3 / 100

If an issue of law goes to the root of the jurisdiction of the court or constitutes a bar to the suit created by any law in force, how may the court treat it?

A) Leave it for a jury to decide

B) Try it only at the appellate stage

C) Ignore it entirely

D) Try it as a preliminary issue before deciding the issues of fact

4 / 100

If a party willfully fails to comply with an order for discovery or inspection of documents, what extreme penalty might a plaintiff face?

A) Life imprisonment

B) Dismissal of the suit for want of prosecution

C) Confiscation of all movable properties

D) Deportation from the country

5 / 100

When a party admits the truth of the whole or part of the opponent's case in pleadings or otherwise, the court can pass a judgment based on such admission. This is known as:

A) Judgment on admissions

B) Default judgment

C) Ex parte decree

D) Summary judgment

6 / 100

Which of the following is an INCORRECT element of criminal attempt?

A) Failure in accomplishment because of some external intervention.

B) A stage of crime where the accused could stop the actual commission by his subsequent change of mind. (If an act has reached the stage of attempt, a subsequent change of mind usually doesn't erase the attempt).

C) Mens Rea on the part of the accused.

D) An act which constitutes the actus reus of criminal attempt.

7 / 100

Under Section 204, if a case appears to be one where a summons should issue in the first instance, what shall the Magistrate issue?

A) An attachment order

B) A proclamation

C) A summons for the attendance of the accused

D) A warrant

8 / 100

A husband or relative of a husband subjecting a woman to cruelty is:

A) Very serious act

B) No offence

C) An offence under Section 498A

D) Very serious offence

9 / 100

Generally, the examination-in-chief of a witness in civil trials is now submitted in what form to save court time?

A) An affidavit

B) A pre-recorded audio tape

C) A secret document

D) An unsworn letter

10 / 100

A picks up a cheque signed by B, payable to bearer, but without any sum inserted. A fraudulently fills it up by inserting Rs. 10,000.

A) A has committed the offence of forgery

B) A has not committed forgery

C) A can claim the protection of general exception

D) All of the above

11 / 100

Out of the 3 members of the Tribunal, how many must be elected members of the Bar Council?

A) No obligation

B) 1 member

C) 2 members

D) 3 members

12 / 100

According to the Explanation in Section 20, "Debt" includes money payable under a:

A) Decree or order of Court

B) Verbal agreement only

C) Void contract

D) Moral obligation

13 / 100

Section 511 (Punishment for attempting to commit offences) does NOT apply in the case of:

A) Attempt to commit affray

B) Attempt to commit riot

C) Attempt to commit murder (Attempt to murder is specifically covered under Section 307)

D) Attempt to commit theft

14 / 100

Issues in a civil suit are framed by the court exactly when:

A) Both parties completely agree on a set of facts

B) A material proposition of fact or law is affirmed by one party and denied by the other

C) The defendant pays the required court fees

D) The plaintiff files the original plaint

15 / 100

What must a Magistrate do if, during a complaint case, he learns a police investigation is in progress for the same offence?

A) Arrest the investigating officer

B) Dismiss the complaint case

C) Rush to finish the trial before the police

D) Stay the proceedings of the inquiry/trial and call for a report from the police-officer

16 / 100

The accused ran after the complainant B with an axe, but when he was four paces away, the axe was snatched from his hand. A is guilty of:

A) No offence

B) Attempt to commit murder (The act was sufficiently proximate)

C) Attempt to commit grievous hurt

D) Attempt to commit hurt

17 / 100

The law of evidence consists of

A) legal rules of evidence

B) all the above.

C) rules of logic

D) ordinary rules of reasoning

18 / 100

When transferring a case to the Court of Session under Section 205C, who must the Magistrate notify?

A) The local UP Chairman

B) The President

C) The Public Prosecutor

D) The media

19 / 100

Under Section 41 of the Evidence Act the presumption is with respect to judgments-

A) in rem when they are inter-parties

B) in personam

C) in rem whether such judgments are inter-parties or not

D) all the above

20 / 100

Under Section 202(2B), what can the Magistrate do if the police submits a final report?

A) Competent to accept such report and discharge the accused

B) Reject it automatically

C) Must send it to the Sessions Court

D) Must sentence the accused

21 / 100

Proof of a fact depends on the accuracy of the statement and not upon the probability of its existence.

A) True

B) none of the above

C) partly true

D) False

22 / 100

Can a Chief Judicial Magistrate direct that a case received under Section 205CC be heard by an Additional Chief Judicial Magistrate?

A) Only if the High Court approves

B) Only if the accused agrees

C) Yes

D) No

23 / 100

How many members are there in a Bar Council Tribunal?

A) 3 members

B) 5 members

C) 7 members

D) 2 members

24 / 100

Section 42 empowers the Court to make a declaration of:

A) Independence

B) Corporate insolvency

C) Criminal guilt

D) Status or right

25 / 100

Every charge under this Code must state:

A) The bio-data of the accused

B) The exact weather at the time of the crime

C) The offence with which the accused is charged

D) The name of the investigating officer

26 / 100

Where an instrument is evidence of different rights, the Court may, in a proper case:

A) Cancel it in part and allow it to stand for the residue

B) Cancel entirely

C) Ignore it

D) Enforce fully

27 / 100

A party/person who calls the witness can be permitted to cross-examine the witness so called by him, under Section _____ of the Bangladeshi Evidence Act.

A) 155

B) 154

C) 152

D) 153

28 / 100

Section 21(2): If one of several joint mortgagees signs a written acknowledgment, does it charge the other mortgagees?

A) No, not by reason only of that signature

B) Yes, jointly and severally

C) Yes, if they hold equal shares

D) Only if they are a married couple

29 / 100

A woman ran to a well stating she would jump into it, but she was caught before she could reach it. She is guilty of:

A) No offence (Her acts had not yet gone beyond preparation)

B) Attempt to commit suicide

C) Attempt to commit culpable homicide

D) Attempt to murder

30 / 100

A person is said to make a false document or electronic record, who dishonestly or fraudulently:

A) Makes or transmits any electronic record

B) Makes, signs, seals or executes a document

C) Affixes any electronic signature on any electronic record

D) Makes any mark denoting the execution of a document

31 / 100

Section 19 Explanation III: An application for the execution of a decree or order is considered an application in respect of a:

A) Contract

B) Liability

C) Right

D) Privilege

32 / 100

"De bene esse" examination of a witness refers to:

A) Examining a witness who is about to leave the jurisdiction of the court immediately before the regular hearing

B) Refusing to cross-examine a witness

C) Examining a hostile witness

D) Examining a witness after the judgment is passed

33 / 100

When parties are completely agreed on the questions of fact and law at the first hearing, what can the court immediately do?

A) At once pronounce judgment

B) Demand oral evidence from witnesses

C) Adjourn the case for a year

D) Frame additional hypothetical issues

34 / 100

Leading questions can be asked during-

A) all the above

B) examination in chief

C) cross-examination

D) re-examination

35 / 100

Section 21(3)(a): An acknowledgment by a Hindu widow binds whom?

A) The Government

B) Her children only

C) No one

D) A reversioner succeeding to such liability

36 / 100

On what ground can a Magistrate dismiss a complaint under Section 203?

A) If he dislikes the complainant

B) If there is in his judgment no sufficient ground for proceeding

C) If the accused is a wealthy person

D) If the police tell him to

37 / 100

What happens if the police report does NOT relate to any accused in the complaint case?

A) He must resign

B) The Magistrate dismisses the complaint

C) He must arrest new people

D) He shall proceed with the inquiry or trial which was stayed

38 / 100

If a registered instrument is cancelled by the Court, the registering officer shall:

A) Note on the copy of the instrument in his books the fact of its cancellation

B) Delete document

C) Arrest parties

D) Return fee

39 / 100

Defamation as an offence is defined in:

A) Section 499

B) Section 501

C) None of these

D) Section 500

40 / 100

A person can sue to have a written instrument adjudged void or voidable if it may cause him:

A) Loss of friendship

B) Political disadvantage

C) Serious injury

D) Slight annoyance

41 / 100

A has a letter of credit upon B for Rs. 10,000 written by Z. A, to defraud B, adds a cipher to make it Rs. 1,00,000, intending B to believe Z wrote it. A has committed:

A) Cheating

B) Forgery

C) No offence

D) Criminal misappropriation

42 / 100

A draws a bill of exchange upon a fictitious person and fraudulently accepts the bill in that fictitious name with intent to negotiate it. A commits:

A) An offence of bargaining

B) The offence of forgery

C) No offence

D) All of the above

43 / 100

Where can an appeal be filed against an order of the Tribunal?

A) Appellate Division

B) High Court Division

C) District Court

D) Ministry of Law

44 / 100

On adjudging the rescission of a contract, the Court may require the party to whom relief is granted to:

A) Make any compensation to the other which justice may require

B) Surrender passport

C) Forfeit properties

D) Apologize

45 / 100

The right to cross-examine on an answer to court question is available to-

A) none of the above

B) the party calling the witness only

C) the adverse party only

D) either of the parties if the answer is adverse to either of the parties

46 / 100

Answers to interrogatories must generally be provided to the court in what format?

A) Oral statement in open court

B) By an affidavit

C) Through an unsworn written letter

D) Via a telephone call to the court clerk

47 / 100

Court question under Section 165 of Evidence Act can be put to

A) any witness

B) both (a) & (b)

C) neither (a) nor (b)

D) any party

48 / 100

Section 22(2): Does the rule of new limitation starting upon substitution apply when a plaintiff is made a defendant?

A) Only in tort claims

B) Only in property disputes

C) No, Section 22(1) does not apply to this case

D) Yes

49 / 100

Bangladeshi Evidence Act was drafted by

A) Lord Macaulay

B) Sir James F. Stephen

C) Huxley

D) Sir Henry Summer Maine.

50 / 100

According to Section 204(1A), no summons or warrant shall be issued against the accused until what is filed?

A) The accused's confession

B) A bank guarantee

C) A list of the prosecution witnesses

D) A police clearance certificate

51 / 100

Substituted service of summons (e.g., by affixing a copy on the defendant's outer door or publishing in a newspaper) legally holds the same effect as:

A) Personal service on the defendant

B) No service at all

C) A warrant of arrest

D) A mere formal warning

52 / 100

When issuing a summons, a Magistrate may dispense with the personal attendance of the accused and permit him to appear by:

A) A police officer

B) His pleader

C) His friend

D) The postman

53 / 100

A witness may be questioned to test his veracity or to discover who he is and what is his position in life or to shake his credit by injuring his character.

A) True

B) False

C) partly true

D) none of the above

54 / 100

If a party seeks an adjournment of the hearing, they must establish to the satisfaction of the court:

A) That they forgot the date

B) That their lawyer is on a vacation

C) That the defendant is wealthy

D) Sufficient cause for the inability to proceed

55 / 100

Who generally has the "right to begin" the presentation of evidence in a civil suit?

A) The Defendant

B) The Government Pleader

C) The Court Clerk

D) The Plaintiff

56 / 100

The inhabitants of a village claim a right of way across A's land. A may sue for a declaration that:

A) He is leaving

B) They must pay toll

C) Land belongs to village

D) They are not entitled to the right so claimed

57 / 100

A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed:

A) An offence

B) An offence of cheating

C) No offence

D) The offence of forgery

58 / 100

What must a Magistrate record when dismissing a complaint under Section 203?

A) The full biography of the accused

B) He shall briefly record his reasons for so doing

C) A detailed 50-page judgment

D) Nothing

59 / 100

A fraudulently represents a ship as seaworthy, inducing B to insure. What relief can B obtain?

A) Cancellation of the policy

B) Rescission

C) Declaratory decree

D) Specific performance

60 / 100

A, intending to cause miscarriage, administered a harmless substance. A is guilty of:

A) Culpable homicide

B) No offence (Factual impossibility due to the means used being completely harmless, under some interpretations, though modern law might view it as an attempt if the intent was clear. The provided key says 'No offence').

C) Attempt to cause abortion

D) Attempt to murder the unborn child

61 / 100

Which of the following is NOT a material from which a court typically frames issues?

A) Allegations made on oath by the parties or their pleaders

B) Allegations made in the pleadings (plaint and written statement)

C) Contents of documents produced by parties

D) Rumors reported in local newspapers

62 / 100

The burden of paying the expenses (travel, food, etc.) of a witness summoned to court lies on:

A) The State Government

B) The Court's internal fund

C) The opposing party

D) The party applying for the summons

63 / 100

Making a false document or electronic record with intent to cause damage or injury to the public or any person, or to support any claim, or to cause any person to part with property, commits:

A) Cheating

B) Making a fake document

C) Forgery

D) None of the above

64 / 100

A purchased a stamped paper in the name of a person whose name he intended to forge. A is guilty of:

A) Attempt to commit criminal misappropriation

B) No offence (This is mere preparation)

C) Attempt to commit forgery

D) Attempt to commit cheating

65 / 100

If a non-police-officer conducts an investigation under Section 202, what power do they LACK compared to an officer in charge of a police-station?

A) Power to visit the crime scene

B) Power to submit a report

C) Power to examine witnesses

D) Power to arrest without warrant

66 / 100

Enticing or taking away or detaining a married woman with criminal intent is:

A) An offence under Section 498

B) None of the above

C) No offence

D) A civil act

67 / 100

Who acts as the Chairman of the Tribunal?

A) Senior-most member among them

B) Appellate Division Judge

C) Attorney General

D) Chairman of Bar Council

68 / 100

The punishment for the standard offence of forgery (Section 465) is imprisonment for a term which may extend to:

A) Both (b) and (c)

B) Two years, or with fine, or with both

C) Three years, or with fine, or with both

D) 10 years

69 / 100

Under Section 20, payment of interest on a legacy must be made:

A) After the limitation period ends

B) Exactly on the due date

C) Before the expiration of the prescribed period

D) At the time of filing the suit

70 / 100

When an offence is triable exclusively by the Chief Metropolitan Magistrate, to whom shall the Magistrate send the case?

A) The District Magistrate

B) The Court of Session

C) The Chief Metropolitan Magistrate

D) The High Court Division

71 / 100

If an ex parte decree is successfully set aside by the court, what is the immediate status of the suit?

A) The suit is revived and proceeds, allowing the defendant to file a written statement and contest

B) The suit is permanently closed in favor of the defendant

C) The case goes directly to the Supreme Court

D) The plaintiff must file a new plaint entirely

72 / 100

Objections as to the admissibility of a document in evidence can be-

A) raised for the first time in appeal

B) can be made at any state during the trial

C) made at the first opportunity when the document is tendered in evidence

D) all the above

73 / 100

What is the main purpose of the court holding a "local investigation" through an appointed commissioner?

A) To arrest absconding defendants

B) To elucidate any matter in dispute, ascertain property value, or calculate mesne profits

C) To collect local taxes

D) To auction off properties

74 / 100

A agrees to sell a ship to B. B pays with four bills. Ship not delivered. A sues B on one bill. B may obtain:

A) The ship

B) Compensation

C) Cancellation of all the bills

D) Cancellation of one bill

75 / 100

Discovery of fact' includes the place from where it is produced and the object found.

A) False

B) none of the above

C) True

D) partly true

76 / 100

What is the primary purpose of delivering "interrogatories" to an opposite party?

A) To harass and intimidate the opposite party

B) To present final arguments to the judge

C) To discover the facts and nature of the opponent's case or to obtain admissions to support one's own case

D) To deliberately delay the trial proceedings

77 / 100

Under Section 205C, when an accused is brought before a Magistrate and the offence is triable exclusively by the Court of Session, the Magistrate shall:

A) Fine the accused 10,000 Taka

B) Release the accused unconditionally

C) Send the case to the Court of Session

D) Try the case himself

78 / 100

A successful attempt of which of the following is NOT punishable under its attempt provision?

A) Murder.

B) Kidnapping.

C) Suicide. (If successful, the person is dead and cannot be punished. Only the attempt is punishable under S.309).

D) Dacoity.

79 / 100

Under Section 20(2), what constitutes "payment" for mortgaged land in possession of the mortgagee?

A) Receipt of the rent or produce of such land

B) Sending a notice

C) Filing a tax return

D) Paying the local taxes

80 / 100

A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate. A has committed:

A) No offence

B) Mischief

C) Forgery

D) None of the above

81 / 100

If a witness who is summoned fails to attend without a lawful excuse, the court has the power to:

A) Strike out the plaintiff's case entirely

B) Pass a decree against the witness directly

C) Grant an automatic victory to the defendant

D) Issue a warrant of arrest (with or without bail) for the witness

82 / 100

A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket, but finds it empty. A is guilty of:

A) Intention of theft

B) Attempt to commit theft

C) Breach of trust

D) Theft

83 / 100

Self-harming statement is admissible but a self-serving statement is generally inadmissible.

A) none of the above

B) False

C) partly true

D) True

84 / 100

Under Section 21(1), can an agent duly authorized by a manager sign an acknowledgment for a disabled person?

A) No, only the manager himself

B) Yes

C) Only a lawyer can do it

D) Only a relative can do it

85 / 100

If the offence complained of is triable exclusively by a Court of Session, what must the Magistrate call upon the complainant to do under Section 202(2A)?

A) Pay a security deposit

B) Go to the High Court

C) Produce all his witnesses and examine them on oath

D) Hire a defence lawyer for the accused

86 / 100

Evidence having a distinct and immediate reference to the particular matter in question is admissible and evidence of general disposition, habit or tendencies is inadmissible.

A) True

B) False

C) partly true

D) none of the above

87 / 100

Who investigates and tries allegations of professional misconduct against advocates?

A) Enrollment Committee

B) Executive Committee

C) Bar Council Tribunal

D) Supreme Court

88 / 100

Due execution of a document more than thirty years old coming from proper custody, is a presumption of fact.

A) True

B) False

C) none of the above

D) partly true

89 / 100

Can the court issue a commission to examine a person who is exempted from attending court (e.g., due to severe sickness or infirmity)?

A) Only if they live in another country

B) Only if the Supreme Court orders it

C) Yes, the court may issue a commission for their examination at their residence

D) No, their evidence is discarded

90 / 100

At what stage can a court amend or strike out issues that were wrongly framed or frame additional issues?

A) Never, once framed they are permanent

B) Only during final arguments

C) Only at the first hearing of the suit

D) At any time before passing a final decree

91 / 100

A man's signature of his own name may amount to forgery.

A) None of the above

B) Cannot say

C) False

D) True (e.g., signing to pass it off as the signature of another person with the same name)

92 / 100

Under Section 42, no Court shall make a declaration where the plaintiff, being able to seek further relief:

A) Is a minor

B) Does so

C) Omits to do so

D) Asks for too much

93 / 100

Section 20 requires the acknowledgment of payment to be in handwriting or signed. What is the exception to this rule?

A) Payments made by the government

B) Payments under 100 Taka

C) Payment of interest made before the 1st day of January, 1928

D) Payment of principal before 1950

94 / 100

What can a Magistrate do if required process fees are not paid within a reasonable time?

A) Arrest the complainant

B) Dismiss the complaint

C) Pay them himself

D) Fine the accused

95 / 100

If a summons is returned unserved and the plaintiff fails to apply for a fresh summons within one month, what action is the court likely to take?

A) Serve the summons via newspaper automatically

B) Make an order dismissing the suit

C) Arrest the defendant

D) Transfer the suit to another district

96 / 100

If cognizance is taken on a subsequent police report against an accused in the stayed complaint case, how shall the Magistrate proceed?

A) Let the police decide the verdict

B) Transfer both to a Civil Court

C) Ignore the police report

D) Inquire into or try together the complaint case and the case arising out of the police report

97 / 100

On adjudging the cancellation of an instrument, what may the Court require from the party receiving relief?

A) Government fees

B) New contract

C) Compensation to the other which justice may require

D) Public declaration

98 / 100

A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive.

A) False

B) partly true

C) none of the above

D) True

99 / 100

If the schedule dictates a warrant should issue in the first instance, can the Magistrate issue a summons instead?

A) Only if the Supreme Court orders it

B) No, never

C) Only in civil cases

D) Yes, if he thinks fit

100 / 100

In a proceeding instituted upon a written complaint, every summons or warrant issued must be accompanied by:

A) A copy of such complaint

B) The Penal Code book

C) The Magistrate's ID

D) A photo of the complainant

The average score is 0%

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Bar Council Full Model Test 35 English | 100 Marks 60 Min