Bar Council Full Model Test 36 English

Bar Council Full Model Test 36 (English)

Bangladesh Bar Council Preliminary Full Model Test 36

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

X, with a view of murdering Y, enters Y's bedroom at night when Y is out of station. X is guilty of:

A) No offence.

B) Attempt to murder (Usually not, as the victim was absent, making it preparation/trespass).

C) Murder.

D) House trespass (or Attempt depending on proximity, but House Trespass is complete).

2 / 100

What happens to the attachment of property if the decree is fully satisfied by payment or the execution petition is dismissed?

A) The property belongs to the state

B) The attachment is deemed to be withdrawn/lifted automatically

C) It remains attached permanently

D) The court sells it anyway to pay its own administrative fees

3 / 100

Facts can be

A) only physical facts & not psychological facts.

B) physical facts

C) physical as well as psychological facts

D) psychological facts

4 / 100

Law of evidence is

A) lex fori

B) lex situs.

C) lex tallienis

D) lex loci solutionis

5 / 100

If A is accused of the murder of B at a given time and place, must the charge state the manner in which A murdered B?

A) Only if poison was used

B) Only if a gun was used

C) No, it need not state the manner

D) Yes, always

6 / 100

According to Section 225, an error or omission in stating the offence in the charge is material ONLY IF:

A) The trial lasted more than a year

B) The judge was confused

C) The accused was in fact misled by it and it occasioned a failure of justice

D) The media notices it

7 / 100

If a third party claims that the property attached in execution actually belongs to them and not the judgment-debtor, what must the executing court do?

A) Proceed to adjudicate upon the claim or objection

B) Ignore the claim entirely

C) Sell the property and give the money to the third party

D) Arrest the third party for interfering with court process

8 / 100

Evidence under the Bangladeshi Evidence Act means & includes

A) ocular and documentary evidence both

B) documentary evidence

C) ocular evidence

D) ocular evidence based on documents only.

9 / 100

When no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is:

A) Unlimited, but cannot be excessive (Section 63).

B) Unlimited, and can be excessive.

C) Unlimited.

D) None of the above.

10 / 100

If the law creating the offence gives it a specific name, how may the offence be described in the charge?

A) By that name only

B) By a 5-page description

C) It cannot be described by name

D) By its Latin translation

11 / 100

If an auction sale is successfully completed, the money paid, and confirmed by the court, the sale becomes:

A) Voidable at the option of the judgment-debtor

B) Subject to the approval of the President

C) Absolute

D) Temporarily valid for one year

12 / 100

Under Section 224, words used in a charge describing an offence shall be deemed to have been used in the sense attached to them by:

A) Common street slang

B) The defence lawyer's interpretation

C) The Oxford English Dictionary

D) The law under which such offence is punishable

13 / 100

Section 27 relates to exclusion in favour of the reversioner of a:

A) Public property

B) Dominant tenement

C) Leasehold

D) Servient tenement

14 / 100

If A is accused of giving false evidence, what must the charge set out?

A) That portion of the evidence given by A which is alleged to be false

B) The judge's opinion

C) A's educational background

D) The entire transcript of the trial

15 / 100

"Rateable distribution" of assets applies when:

A) The judgment-debtor voluntarily distributes assets to avoid execution

B) Assets are held by a court and multiple decree-holders have applied for execution against the same judgment-debtor before the receipt of such assets

C) The court distributes the property to local charities

D) A single decree-holder wants property distributed among their heirs

16 / 100

If an offence is punishable with fine only, and the offender is fined fifty rupees, the maximum period of imprisonment in default shall be:

A) Not exceeding one month.

B) Not exceeding three months.

C) Not exceeding two months (Section 67).

D) Not exceeding four months.

17 / 100

In a suit for the recovery of specific movable property, if delivery of the exact property is not possible, the decree must specify:

A) A substitute property of the judge's choosing

B) The alternative amount of money to be paid to the plaintiff

C) A term of imprisonment for the defendant

D) That the suit has failed completely

18 / 100

The imprisonment awarded in default of payment of a fine (for an offence punishable with fine only) MUST be:

A) Simple (Section 67).

B) Solitary confinement.

C) Rigorous.

D) Simple or rigorous.

19 / 100

A declaration made under Chapter VI is binding ONLY on:

A) The defendant only

B) The government

C) The whole world

D) The parties to the suit, persons claiming through them, and trustees

20 / 100

Marrying again during the lifetime of a husband or wife (Bigamy) is punishable under Section:

A) 493

B) 496

C) 495

D) 494

21 / 100

Under Section 26, the 20-year period for an easement must end within how many years next before the institution of the suit?

A) Three years

B) Five years

C) One year

D) Two years

22 / 100

Bangladeshi Evidence Act applies to

A) judicial proceedings in courts

B) proceedings before tribunals

C) proceedings before the arbitrator

D) all the above.

23 / 100

A decree for specific performance of a contract or for restitution of conjugal rights CANNOT be executed by:

A) Civil imprisonment (for specific performance)

B) Direct physical force to compel the act (e.g., forcing a spouse to physically return)

C) Ordering the act to be done by a third party at the debtor's cost

D) Attachment of property

24 / 100

How many exceptions are there to the offence of Defamation under Section 499?

A) Ten

B) Five

C) Six

D) Nine

25 / 100

Section 26 Explanation: Is an obstruction considered an interruption if it is submitted to or acquiesced in for 6 months?

A) No, it must be submitted to for one year after notice

B) Yes

C) Always

D) Depends on the damage

26 / 100

Before arresting a judgment-debtor in execution of a money decree, what must the court usually issue first (unless there is fear of absconding)?

A) A non-bailable warrant instantly

B) A proclamation of sale

C) A notice calling upon him to show cause why he should not be committed to civil prison

D) A search warrant

27 / 100

Under the Evidence Act, fact means

A) factum probans

B) both factum probandum and factum probans

C) none of the above.

D) factum probandum

28 / 100

What is a "Garnishee" order in the context of execution?

A) An order to garnish the wages of the decree-holder

B) An order to sell agricultural produce

C) An order directing a debtor of the judgment-debtor to pay the debt directly into court

D) An order appointing a receiver for a company

29 / 100

Section 52 grants preventive relief at the discretion of the Court by:

A) Damages

B) Receiver appointment

C) Specific performance

D) Injunction, temporary or perpetual

30 / 100

A' instigates 'B' to give false evidence. If 'B' does NOT give false evidence, what offence has 'A' committed?

A) A' is guilty of no offence.

B) Attempt to give false evidence.

C) None of the above.

D) Abetment, punishable with imprisonment which may extend to one-fourth of the longest term provided for that offence, or fine, or both (Section 116).

31 / 100

A is charged with possessing counterfeit coin knowing it to be counterfeit, but the word "fraudulently" is omitted. Is the error automatically material?

A) Yes, words cannot be omitted

B) No, unless it appears that A was in fact misled by this omission

C) Yes, the case must be dismissed

D) Only if A points it out immediately

32 / 100

Section 26 Explanation: An interruption requires actual discontinuance by reason of an obstruction by:

A) An act of some person other than the claimant

B) Animals

C) An act of nature

D) The claimant himself

33 / 100

Presumptions under the law of evidence are

A) presumption of facts

B) both (a) & (b)

C) only (b) & not (a).

D) presumptions of law

34 / 100

In executing a sentence of solitary confinement, such confinement must NOT exceed:

A) One month at a time.

B) Twenty-one days at a time.

C) Fourteen days at a time.

D) Fifteen days at a time.

35 / 100

The mode and effect of the appointment of a receiver are regulated by the:

A) Code of Civil Procedure

B) Specific Relief Act

C) Trust Act

D) Penal Code

36 / 100

Section 26: To acquire an easement, the enjoyment must be without:

A) Interruption

B) Permission

C) Payment

D) Knowledge

37 / 100

Fine is awarded as the ONLY sentence (without imprisonment) in the case of:

A) Committing a public nuisance not otherwise punishable.

B) Illegal payments in connection with an election.

C) The owner/occupier of land failing to prevent a riot on their land (Section 154).

D) All of the above.

38 / 100

B hires a hammer and a chisel from A. B uses them to break into C's house and commit theft. A is charged with abetment.

A) A has joint liability.

B) A received money for supplying them and is liable.

C) A supplied the instruments and is hence liable.

D) A did not know they were hired to commit a crime and hence is NOT liable (Lack of intentional aiding).

39 / 100

What is the maximum punishment for an unenrolled person practicing law?

A) 1 year imprisonment

B) 6 months imprisonment

C) 3 months imprisonment

D) Only fine

40 / 100

Assertion (A): An owner can take his chattels from another even if force is required to be used. Reason (R): A person has a right of private defence of property.

A) Both A and R are true and R is the correct explanation of A (Though force must be proportionate and immediate).

B) A is false but R is true.

C) Both A and R are true but R is NOT a correct explanation of A.

D) A is true but R is false.

41 / 100

In which of the following cases MUST the punishment be 'simple' imprisonment?

A) Wrongful restraint

B) Disobedience to an order duly promulgated by a public servant

C) All of the above

D) Refusing to take oath

42 / 100

During a trial, if a party to whom time was granted to produce evidence fails to do so on the adjourned date, the court may:

A) Transfer the suit to another judge

B) Proceed to decide the suit forthwith on the available record

C) Send the party to civil prison

D) Grant unlimited adjournments without cause

43 / 100

Under Section 223, when must the charge contain particulars of the manner in which the offence was committed?

A) Always

B) Only in murder cases

C) Never

D) When particulars of time/place/person do not give the accused sufficient notice

44 / 100

A perpetual injunction can only be granted:

A) Ex parte

B) At the beginning of the suit

C) By an administrative officer

D) By the decree made at the hearing and upon the merits of the suit

45 / 100

Law of evidence is

A) both (a) & (b)

B) a substantive law

C) neither (a) nor (b).

D) an adjective law

46 / 100

Fact in issue means

A) fact existence or non-existence of which is not disputed by the parties

B) fact, existence or non-existence of which is disputed by the parties

C) all the above.

D) fact, existence or non-existence of which is admitted by the parties

47 / 100

Chapter VIII of the Specific Relief Act was:

A) Made mandatory

B) Expanded

C) Amended in 2004

D) Omitted

48 / 100

Why might a previous conviction be stated in the charge?

A) To inform the media

B) To shame the accused

C) To delay the trial

D) To prove it for affecting the punishment (enhanced or different kind of punishment)

49 / 100

(Illustration) A bond has a Native date, payable in one year. The limitation runs from the expiration of one year computed according to:

A) The Court's calendar

B) The Gregorian Calendar

C) The Native Calendar

D) Both combined

50 / 100

In cases of criminal breach of trust of money, is it necessary to specify exact items and dates in the charge?

A) Yes, unless the amount is small

B) No, specifying the gross sum and the dates between which the offence occurred is sufficient

C) Only if the bank demands it

D) Yes, every single taka must be tracked

51 / 100

A covenants to settle property exceeding one lakh of taka upon trusts. Before getting it, he sues to declare the covenant void. Can the Court make the declaration?

A) Only after he gets it

B) No, it's premature

C) Yes, the Court may make the declaration

D) Only if trustees agree

52 / 100

Under Section 25, instruments are deemed made with reference to which calendar?

A) Julian Calendar

B) Hijri Calendar

C) Bengali Calendar

D) Gregorian Calendar

53 / 100

Section 24 deals with a suit for compensation for an act not actionable without:

A) Physical assault

B) A written complaint

C) Special damage (specific injury)

D) Intentional malice

54 / 100

Under Section 227, at what point can any Court alter or add to any charge?

A) At any time before judgment is pronounced

B) Only at the beginning of the trial

C) After the sentence is passed

D) Only during cross-examination

55 / 100

When immovable property is sold in a public auction in execution of a decree, what percentage of the purchase money must the successful bidder immediately deposit?

A) 25%

B) 100%

C) 10%

D) 5%

56 / 100

If A is accused of cheating B, must the charge set out the manner in which A cheated B?

A) Only if money was involved

B) Only if B requests it

C) Yes

D) No

57 / 100

A judgment of a civil court must be pronounced:

A) In the judge's private chambers secretly

B) By the court clerk in the absence of the judge

C) Through a newspaper publication only

D) In open court, either at once or on a future specified date

58 / 100

A attempts to steal jewels by breaking open a box, but finds it empty. He has done an act towards the commission of theft, and is:

A) All of the above

B) Guilty of an offence under Sec 511 (Attempt)

C) Not guilty of any offence

D) Guilty of offence under Sec 506

59 / 100

Temporary injunctions are such as are to continue:

A) For 6 months only

B) Until the defendant dies

C) Until a specified time, or until the further order of the Court

D) Forever

60 / 100

Solitary confinement:

A) Both (a) and (b) are correct.

B) Has not been abolished in Bangladesh.

C) None of the above.

D) Means keeping a prisoner thoroughly isolated from the outside world.

61 / 100

Section 23: In the case of a continuing wrong independent of contract, when does the fresh period of limitation begin?

A) When the police report is filed

B) From the first wrong

C) When the wrongdoer is caught

D) At every moment of the time during which the wrong continues

62 / 100

The decree must agree with the judgment. What does a decree formally express?

A) The summary of all oral evidence

B) The detailed reasoning of the judge

C) The behavior of the lawyers during the trial

D) The relief granted or other final determination of the suit

63 / 100

Relevancy and admissibility under the Bangladeshi Evidence Act are

A) co-extensive

B) synonymous & co-extensive both.

C) neither synonymous nor co-extensive

D) synonymous

64 / 100

If an offence is punishable with fine only, and the offender is fined Rs. 1000, inability to pay may result in imprisonment for a maximum term of:

A) Two years.

B) Six months (Section 67: max 6 months for any fine above 100 Taka).

C) One year.

D) Four months.

65 / 100

A says, "Z is an honest man; he never stole B's watch," intending to cause it to be believed that Z DID steal B's watch (speaking ironically). This is:

A) None of these

B) Defamation

C) Unless it falls within one of the exceptions

D) Both (a) and (b) (It is defamation unless an exception applies)

66 / 100

Under Section 27, the life interest or term of years must exceed:

A) Five years

B) Three years

C) Ten years

D) One year

67 / 100

The remaining balance (full amount) of the purchase money for an immovable property sold in execution must be paid within how many days from the sale?

A) 60 days

B) 15 days

C) 7 days

D) 30 days

68 / 100

Under Section 222, what particulars must a charge contain to give the accused sufficient notice?

A) Time, place, and person/thing against whom the offence was committed

B) The exact GPS coordinates of the crime

C) The names of all ancestors of the accused

D) The exact minute and second of the crime

69 / 100

Can the Bar Council Tribunal review its own order?

A) By Attorney General's order

B) With High Court's permission

C) Yes, it can

D) No, it cannot

70 / 100

Proof of a fact depends on

A) accuracy of the statement and not upon the probability of its existence

B) artificial probative value assigned to a fact

C) rigid mathematical demonstration.

D) not upon the accuracy of the statement but upon the probability of its existence

71 / 100

Under the law of evidence, as a general rule

A) opinion on a matter of law is relevant but not on a matter of fact

B) opinion on a matter of fact and law both are relevant

C) opinion whether on a matter of fact or law, is irrelevant.

D) opinion on a matter of fact is relevant but not on a matter of law

72 / 100

If a decree is for the payment of money, which of the following is a common mode of execution?

A) Forcing the judgment-debtor to work for the decree-holder

B) Transferring the decree to a criminal court

C) Attachment and sale of the judgment-debtor's property

D) Canceling the judgment-debtor's citizenship

73 / 100

The fact that a charge is made is equivalent to a statement that:

A) The police are always right

B) The victim will get compensation

C) Every legal condition required by law to constitute the offence was fulfilled

D) The accused is automatically guilty

74 / 100

When a charge specifies a gross sum for criminal breach of trust, the time included between the first and last dates shall NOT exceed:

A) 6 months

B) Two years

C) 3 months

D) One year

75 / 100

The lowest period of imprisonment specifically mentioned as a punishment under the Penal Code is:

A) 1 month

B) 15 days

C) 24 hours (e.g., under Section 510 for misconduct in public by a drunken person)

D) 14 days

76 / 100

A makes an attempt to pick Z's pocket but finds it empty.

A) A has committed an attempt to commit an offence and is punishable under Sec 511

B) A has not committed any offence

C) A made an unsuccessful attempt, so no offence

D) None of these

77 / 100

A is charged with cheating B, but the manner is not set out. There were many transactions, A didn't know which one it was, and offered no defence. The Court may infer the error was:

A) A typographical mistake

B) Immaterial

C) The fault of the victim

D) Material

78 / 100

The maximum period of imprisonment (other than life imprisonment) under the Penal Code is:

A) 12 years

B) 14 years

C) 10 years

D) 13 years

79 / 100

A Hindu gets a declaration that his marriage to B is valid. C later sues A claiming B is his wife. Is the former declaration binding on C?

A) Only if C was a witness

B) Yes, if registered

C) No

D) Yes

80 / 100

Self-regarding' statements

A) can be self-harming statements

B) can be self-serving or self-harming

C) none of the above.

D) can be self-serving statements

81 / 100

A person in whose favor a decree has been passed or an order capable of execution has been made is called a:

A) Decree-holder

B) Receiver

C) Amicus Curiae

D) Judgment-debtor

82 / 100

Which of the following must be explicitly mentioned in the charge?

A) The religion of the accused

B) The name of the Magistrate's hometown

C) The law and section of the law against which the offence was committed

D) The cost of the trial

83 / 100

If the statement of previous conviction is omitted in the charge, when can the Court add it?

A) Never

B) Only after the trial ends

C) At any time before sentence is passed

D) Only during an appeal

84 / 100

What essential elements must a judgment in a regular civil suit contain?

A) A concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision

B) Only the final order granting or denying relief

C) A list of previous cases handled by the lawyers

D) A detailed biography of the parties involved

85 / 100

A "preliminary decree" is typically passed first in which type of suits?

A) Suits for partition, partnership accounts, or mortgage foreclosure

B) Suits for defamation

C) Suits for breach of a simple employment contract

D) Suits for simple money recovery

86 / 100

The widow of a sonless Hindu alienates property. The presumptive heir may obtain a declaration that the alienation was:

A) Valid

B) A criminal offence

C) Void beyond the widow's lifetime

D) Subject to his approval

87 / 100

Within how many days must an appeal be filed in the High Court Division against a Tribunal order?

A) 30 days

B) 60 days

C) 120 days

D) 90 days

88 / 100

Charging A with the murder of B is equivalent to stating that A's act did NOT fall within:

A) The jurisdiction of the court

B) Any of the general exceptions of the Penal Code

C) The knowledge of the police

D) The boundaries of Bangladesh

89 / 100

What is correct as regards the admissibility of self-regarding statements

A) self-serving statement is admissible but a self-harming statement is not generally admissible

B) self-serving and self-harming statements both are generally inadmissible.

C) self-serving and self-harming statements both are generally admissible

D) self-harming statement is admissible but a self-serving statement is not generally admissible

90 / 100

If the law does NOT give the offence a specific name, what must be stated in the charge?

A) A random name

B) Nothing

C) Only the section number

D) So much of the definition of the offence to give the accused notice of the matter

91 / 100

Standard of proof in

A) either (a) or (c) are correct.

B) criminal cases is much more higher than in civil cases

C) civil and criminal cases is the same

D) criminal case is lower than in civil cases

92 / 100

In which of the following cases MUST the punishment be 'rigorous' imprisonment?

A) None of the above

B) House-trespass to commit an offence punishable with death

C) Both (a) and (b)

D) Giving or fabricating false evidence with intent to procure conviction of a capital offence (Section 194)

93 / 100

Chapter VII deals with the appointment of:

A) Receivers

B) Arbitrators

C) Liquidators

D) Judges

94 / 100

Propositions under Evidence Act are: I. Affidavit is an evidence. II. Everything produced before the court for inspection is evidence. III. Anything of which judicial notice can be taken is evidence. IV. Written statement of an accused is evidence. Which of the following is true in respect of the aforesaid propositions:

A) I, II & III are correct but IV is incorrect

B) I, II & IV are correct but III is incorrect

C) I, II & IV are incorrect but III is correct.

D) I, II, III & IV all are correct

95 / 100

Against which order of the Bar Council can no appeal be filed in the High Court?

A) Order dismissing review

B) Order of reprimand

C) Order of suspension

D) Order of removal

96 / 100

On what grounds can an auction sale of immovable property be set aside by the judgment-debtor or any person interested?

A) Due to a material irregularity or fraud in publishing or conducting the sale that caused substantial injury

B) Because the weather was bad on auction day

C) Only because the price fetched was considered low

D) Because the decree-holder changed their mind

97 / 100

When does the term of the elected members of the Bar Council begin?

A) July 1st following the election

B) Day of gazette publication

C) Day of election

D) January 1st

98 / 100

In what language shall the charge be written?

A) English or the language of the Court

B) French

C) Arabic only

D) Latin only

99 / 100

If a decree-holder wants to bid at the auction of the attached property, what must they do?

A) Pay double the highest price

B) Bring a proxy bidder secretly

C) Obtain express permission from the executing Court

D) Relinquish their decree completely

100 / 100

What is the fundamental principle regarding the execution of a decree?

A) An executing court can alter the decree if it finds it unfair

B) An executing court can only execute decrees of the Supreme Court

C) An executing court cannot go behind the decree and must execute it exactly as it is

D) An executing court must re-try the case from scratch

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Bar Council Full Model Test 36 English | 100 Marks 60 Min