Bar Council Full Model Test 37 English

Bar Council Full Model Test 37 (English)

Bangladesh Bar Council Preliminary Full Model Test 37

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

A sees B drowning but does not save him. B drowns. A has committed:

A) Abetment of suicide

B) No offence (No legal duty to act).

C) Murder

D) Culpable homicide

2 / 100

Under Section 234, is an offence under Section 379 (theft) deemed the same kind as Section 380 (theft in a dwelling house)?

A) Only if committed by a minor

B) Yes

C) No

D) Only if the value of goods is identical

3 / 100

An executor is bringing the deceased's property into danger through misconduct. The Court may grant:

A) A new will

B) A reward

C) A death sentence

D) An injunction to restrain him from getting in the assets

4 / 100

A knocked out two teeth of B. A has committed the offence of:

A) Culpable homicide

B) Grievous hurt (Dislocation/fracture of tooth).

C) Simple hurt

D) Attempt to hurt

5 / 100

A suit where the real dispute is not between the plaintiff and the defendants, but between the defendants themselves claiming the same property/debt held by the plaintiff is called:

A) An interpleader suit

B) A partition suit

C) A summary suit

D) A representative suit

6 / 100

Which one of the following is sufficient to prove the offence of sedition?

A) Comments expressing disapproval of policies to obtain change by lawful means.

B) Proof of disloyalty or ill feelings.

C) Exciting or attempting to excite disaffection towards the Government.

D) Comments expressing disapproval of administrative action without exciting hatred.

7 / 100

Section 29(2): Where a special law prescribes a different period, Section 3 applies as if it were prescribed in:

A) The first schedule

B) The constitution

C) The third schedule

D) The penal code

8 / 100

A instigates B to murder C. B refuses. A is guilty of:

A) No offence

B) Abetment to commit murder

C) Criminal instigation

D) Criminal conspiracy

9 / 100

Before instituting a civil suit against the Government or a public officer in respect of an official act, what is the mandatory procedural requirement?

A) Getting a police clearance certificate

B) Filing a writ petition in the High Court first

C) Publishing a notice in three national newspapers

D) Delivering a two-month prior written notice under Section 80

10 / 100

Under Section 29(2)(a), which specific provisions apply to special laws unless expressly excluded?

A) Only Part IV

B) Sections 1 to 5 only

C) All sections

D) Sections 4, 9 to 18, and 22

11 / 100

A rescues B from lawful custody, and causes grievous hurt to Constable C. A may be charged with and convicted of offences under Sec 225 and 333 at:

A) A special military tribunal

B) Only the High Court

C) One trial

D) Separate trials

12 / 100

To be tried together under Section 234, the three offences of the same kind must be committed within the space of:

A) Three years

B) Twelve months

C) Six months

D) One month

13 / 100

According to Section 3, a suit is dismissed if instituted after the period prescribed in which schedule?

A) First schedule

B) Special schedule

C) Third schedule

D) Second schedule

14 / 100

A member of an undivided Hindu family cuts timber and threatens to destroy part of the family-house. Other members:

A) Must partition the property

B) Cannot interfere

C) Must call the police

D) May sue for an injunction to restrain him

15 / 100

A commits robbery on B and voluntarily causes hurt to him. Can A be charged with and convicted of hurt (323), robbery (392), and causing hurt in committing robbery (394) at one trial?

A) No

B) Yes

C) Only if B dies

D) Only if A confesses

16 / 100

In an interpleader suit, what does the plaintiff primarily seek?

A) Full ownership of the disputed property

B) To divide the property equally among all defendants

C) Damages for breach of contract

D) To be indemnified and have the rival claimants fight it out, claiming no interest for themselves other than costs

17 / 100

If a party deliberately disobeys a temporary injunction order, the court may punish them by:

A) Canceling their business trade license

B) Deporting them from the country

C) Sentencing them to death

D) Attaching their property and/or detaining them in civil prison for up to six months

18 / 100

When parties mutually settle a dispute outside the court during the pendency of a suit, what should the court do upon being satisfied of the lawful compromise?

A) Reject it as invalid

B) Adjourn the case for five years

C) Record the compromise and pass a decree in accordance with it (Consent Decree)

D) Force them to go to trial anyway

19 / 100

A pulls down houses to prevent a fire from spreading and save life/property.

A) A is guilty of intentionally causing damage.

B) A is guilty of mischief.

C) A is not criminally liable.

D) A will not be liable for any offence as he acted to prevent greater harm (Section 81).

20 / 100

Who has the power to make rules to carry out the purposes of the Bar Council?

A) Supreme Court

B) Bangladesh Bar Council

C) Government of Bangladesh

D) Ministry of Law

21 / 100

A obtained Rs. 10,000 from B by putting B in fear of death. What offence did A commit?

A) Extortion (It escalates to Robbery under Sec 390, but Extortion is the base offence. Key says (d)).

B) Robbery

C) Cheating

D) Mischief

22 / 100

Under the law of evidence, the relevant fact

A) must be legally relevant

B) must be legally & logically relevant and admissible.

C) must be logically relevant

D) must be legally & logically relevant

23 / 100

In a suit by or against the Government, the recognized agent authorized to sign pleadings is typically:

A) A person formally appointed by the Government for this purpose

B) The Prime Minister

C) The Chief Justice

D) Any random citizen

24 / 100

For conduct to be relevant under section 8 of Evidence Act, it

A) none of the above.

B) may be either previous or subsequent

C) must be previous

D) must be subsequent

25 / 100

Which of the following documents are not admissible in evidence

A) neither (a) nor (b).

B) both (a) & (b)

C) documents procured by illegal means

D) documents improperly procured

26 / 100

If a person succeeds in a suit filed as an indigent person, who recovers the unpaid court fees?

A) The judge pays it from the court fund

B) The fees are entirely waived forever

C) The winning lawyer pays it

D) The State Government calculates and recovers it from the party ordered to pay costs in the decree

27 / 100

Where is the fund of the Bar Council deposited?

A) Ministry of Law

B) Government Treasury

C) Bangladesh Bank

D) Any Scheduled Bank

28 / 100

Under Section 54, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant:

A) Whether expressly or by implication

B) Only in criminal matters

C) Only if expressed in writing

D) Only against the government

29 / 100

Match List I with List II: A. Insanity, B. Common intention, C. Necessity, D. Provocation

A) 5, 2, 4, 1

B) 1, 2, 3, 4

C) A-2 (McNaughten), B-1 (Barendra Kumar Ghosh), C-4 (Dudley & Stephens), D-3 (K.M. Nanavati) - (Key says (b) 2,1,4,3).

D) 3, 2, 4, 5

30 / 100

Inducing a person with dishonest intention to part with property by putting him in fear of physical injury is:

A) Theft

B) Extortion

C) Criminal intimidation

D) Criminal misappropriation

31 / 100

If a plaintiff abandons a suit or withdraws a claim without the permission of the court to file a fresh suit, what is the consequence?

A) They are precluded from instituting any fresh suit in respect of the same subject matter

B) They can appeal the withdrawal to a higher court

C) They can file a fresh suit anytime without issue

D) They must pay a fine to the state

32 / 100

Question of mode of proof is

A) a question of law which can be raised at any time.

B) a mixed question of law & fact.

C) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity

D) a question of procedure & can be raised at any time

33 / 100

Who represents a minor defendant in a civil suit to protect their interests during the litigation?

A) The plaintiff's lawyer

B) The court clerk

C) The next friend

D) A guardian for the suit (guardian ad litem) appointed by the court

34 / 100

Under Section 232, if the Appellate Court thinks that NO valid charge could be preferred against the accused in respect of the facts proved, it shall:

A) Ask the police to find new facts

B) Send the case to a civil court

C) Direct a new trial anyway

D) Quash the conviction

35 / 100

A is found guilty of attempt to murder in furtherance of common intention (Sec 34). Under which situation can his offence be proved?

A) Weapon taken without his knowledge.

B) A procured the weapon of offence voluntarily (showing active participation/intention).

C) Purchased under threat to his life.

D) Didn't report a snatched weapon.

36 / 100

How many bar associations can an advocate be a permanent member of at the same time?

A) Any number

B) 3

C) 1

D) 2

37 / 100

What happens if a plaintiff fails to apply to bring the legal representatives of a deceased defendant on record within the time prescribed by law?

A) The suit proceeds ex parte

B) The court creates new representatives

C) The suit shall abate as against the deceased defendant

D) The plaintiff is fined

38 / 100

Which specific sections were repealed by the Repealing and Amending Act, 1930 (Act No. VIII of 1930)?

A) Sections 10 and 11

B) Sections 30 and 31

C) Sections 28 and 29

D) Sections 2 and 3

39 / 100

Under Section 54(d), an injunction may be granted where it is probable that:

A) The defendant will abscond

B) The plaintiff will lose the case

C) The property will appreciate in value

D) Pecuniary compensation cannot be got for the invasion

40 / 100

A Bar Council member's seat becomes vacant if absent without reasonable excuse for how many consecutive meetings?

A) 5 meetings

B) 3 meetings

C) 2 meetings

D) 4 meetings

41 / 100

What MUST be done after a charge is altered or added to?

A) The media must be informed

B) The trial must restart from day one

C) The accused must be granted bail

D) It shall be read and explained to the accused

42 / 100

If a sole defendant dies and the right to sue survives, who must be substituted in their place to continue the suit?

A) The legal representative of the deceased defendant

B) The plaintiff's lawyer

C) The State Government

D) No one, the suit must be dismissed

43 / 100

What is the general rule under Section 233 regarding distinct offences?

A) They must all be merged into one charge

B) For every distinct offence, there shall be a separate charge, and every charge shall be tried separately

C) They must be dismissed

D) They can be tried together if the judge wants

44 / 100

Under Section 234, offences are of the "same kind" when they are:

A) Committed against the same person

B) Committed in the same city

C) Committed using the same weapon

D) Punishable with the same amount of punishment under the same section of the Penal Code

45 / 100

Identification of a suspect by photo is

A) admissible in evidence

B) not admissible in evidence

C) section 9 of Evidence Act excludes identification by photo

D) section 8 of Evidence Act excludes identification by photo.

46 / 100

Who appoints the auditor to audit the financial accounts of the Bar Council?

A) Finance Committee

B) Supreme Court

C) Government/CAG

D) Bangladesh Bank

47 / 100

A intercepts a bullock-cart carrying treasure. The offence of theft is committed by A as soon as:

A) The bullock is made to move by him in his direction (This constitutes 'moving' the property).

B) He takes the valuable contents.

C) He seizes the bullock.

D) He takes the box of treasure.

48 / 100

Section 29(1) explicitly states that nothing in this Act shall affect Section 25 of the:

A) Evidence Act, 1872

B) Contract Act, 1872

C) Penal Code, 1860

D) Transfer of Property Act, 1882

49 / 100

Under Section 235(3), if several acts constitute one offence, but when combined constitute a DIFFERENT offence, the accused may be tried at one trial for:

A) Only the separate acts

B) He must choose which to be tried for

C) The combined offence AND any offence constituted by one or more of the acts

D) Only the combined offence

50 / 100

A lets arable lands to B. B threatens to sow seeds injurious to the land. A may sue for an injunction based on B's:

A) Express contract

B) Criminal intent

C) Implied contract to use them in a husbandlike manner

D) Lack of knowledge

51 / 100

A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under Sections 352 (assault) and 323 (hurt) at:

A) He cannot be convicted of both

B) None of the above

C) Separate trials held years apart

D) One trial

52 / 100

Arrest or attachment "before judgment" is an extraordinary remedy intended to:

A) Recover court fees early

B) Force the defendant to confess

C) Prevent the defendant from absconding or removing their property from the court's jurisdiction to defeat a future decree

D) Punish the defendant before the trial concludes

53 / 100

Under Section 235(2), if acts constitute an offence falling within two or more separate definitions of any law, the accused may be:

A) Charged with and tried at one trial for EACH of such offences

B) Let off with a warning

C) Sent to a civil court

D) Charged with only one definition

54 / 100

Relevancy is

A) question of procedure which can be waived.

B) question of law but can be raised at the first opportunity

C) question of law which can be waived

D) question of law and can be raised at any time

55 / 100

Z, under the influence of madness, attempts to kill A. A hits Z with an iron rod, seriously injuring him.

A) A is guilty of grievous hurt.

B) A has no right of private defence.

C) A is guilty of simple hurt.

D) A has the right of private defence even though Z is mad (Section 98).

56 / 100

When a criminal act is done by several persons in furtherance of a common intention, each person is liable:

A) As if the whole act is done by him alone.

B) For conspiracy.

C) (The key says (c) For abetting such an offence. This contradicts standard Sec 34 principles which align with (b). However, transcribing strictly as provided).

D) For the part done by him.

57 / 100

Under Section 28, what exactly is extinguished at the determination of the limitation period for property possession?

A) The right to claim damages

B) Only the right to evict

C) The right to such property itself

D) The right to file an appeal

58 / 100

If the altered charge IS likely to prejudice the accused or prosecutor, the Court may:

A) Force the accused to plead guilty

B) Either direct a new trial or adjourn the trial

C) Ignore the prejudice and continue

D) Fine the Magistrate

59 / 100

What is the legal effect on a pending suit if a sole plaintiff dies but the "right to sue" survives?

A) The defendant is arrested

B) The suit is automatically decreed in favor of the deceased

C) The suit permanently abates

D) The suit shall not abate, and the legal representative can be brought on record to continue

60 / 100

Propositions under Evidence Act are: I. Presumptions of facts are always rebuttable II. Presumption of facts can be either rebuttable or irrebuttable III. Presumption of law are always irrebuttable IV. Presumption of law can be either rebuttable or irrebuttable. Which is true of the aforesaid propositions:

A) II & III are correct but I & IV are incorrect.

B) II & IV are correct but I & III are incorrect.

C) I & III are correct but II & IV are incorrect

D) I & IV are correct but II & III are incorrect

61 / 100

A revenue officer, entrusted with public money to deposit in the treasury, uses it to buy a sofa for personal use. What offence has A committed?

A) None of the above.

B) Dishonest misappropriation of property.

C) Cheating the Government.

D) Criminal breach of trust (by a public servant).

62 / 100

Under Section 235(1), if more offences than one are committed by the same person in one series of acts forming the SAME transaction, how can they be tried?

A) He may be charged with, and tried at one trial for, every such offence

B) He can only be charged with the most severe offence

C) They must be tried in separate courts

D) He cannot be tried at all

63 / 100

Does the marriage of a female plaintiff or female defendant cause the suit to abate?

A) Yes, unless her husband joins the suit

B) Yes, automatically

C) Yes, if she changes her surname

D) No, the suit may proceed to judgment

64 / 100

Two brothers disputed over property. Their wives were quarrelling. The elder brother requested them to stop. The younger brother suddenly appeared and gave a lethal blow to the elder brother's head, causing death. The younger brother committed:

A) Simple hurt.

B) Culpable homicide not amounting to murder.

C) Culpable homicide amounting to murder.

D) Murder (The key says (d) Grievous hurt, which seems legally incorrect as death occurred from a lethal blow to the head without grave provocation or sudden fight. Assuming typo in original key, but keeping the requested format based on provided text: Answer (d)).

65 / 100

A, B, and C are partners. A threatens to destroy partnership-property. B and C may sue for an injunction:

A) Without seeking a dissolution of the partnership

B) Only if they seek a dissolution

C) Only to recover damages

D) Only if A has no money

66 / 100

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. According to Section 233, A must be:

A) Tried for both in one single trial

B) Pardoned for the lesser offence

C) Given a choice of which to be tried for

D) Separately charged and separately tried for both

67 / 100

A temporary injunction is primarily granted by the court to:

A) Permanently resolve the title dispute over a property

B) Maintain the status quo and prevent property from being wasted, damaged, or alienated pending the final decision of the suit

C) Arrest the defendant immediately

D) Transfer property to the plaintiff without trial

68 / 100

Which statement correctly defines an unlawful assembly?

A) An assembly of 2 or more persons.

B) An assembly of 5 or more armed persons.

C) An assembly of five or more persons with a common object of doing a specified illegal act (e.g., committing a crime).

D) An assembly of 5 or more persons.

69 / 100

A foreigner stabbed another foreigner in a foreign vessel on the high seas. Both were brought to Bangladesh where the victim died. Is the Bangladesh Penal Code applicable to A?

A) Applicable because death occurred in Bangladesh.

B) The Penal Code is absolutely not applicable to foreigners.

C) As the offence occurred on the high seas between foreigners, the Penal Code is not applicable, and he cannot be prosecuted in Bangladesh (unless specific admiralty jurisdiction applies, but generally territorial jurisdiction fails).

D) Applicable to all foreigners everywhere.

70 / 100

Is an attempt to commit an offence considered the same kind of offence as the completed offence under Section 234?

A) Only for murder

B) No

C) Yes

D) Only for theft

71 / 100

Under Section 234, how many offences of the SAME KIND can a person be charged with and tried for at one trial?

A) Any number

B) Not exceeding three

C) Not exceeding five

D) Not exceeding two

72 / 100

A civil suit instituted by a minor must be filed in their name through an adult person known as:

A) The receiver

B) The next friend

C) The guardian ad litem

D) The amicus curiae

73 / 100

According to Section 29(3), nothing in the Limitation Act applies to suits under which Act?

A) The Succession Act

B) The Trust Act

C) The Marriage Act

D) The Divorce Act

74 / 100

If an Appellate Court believes a convicted person was misled in his defence by an error in the charge, what shall it direct (Section 232)?

A) A fine instead of jail

B) A new trial to be had upon a charge framed in whatever manner it thinks fit

C) Double the punishment

D) A full pardon

75 / 100

In which of the following cases has criminal breach of trust been committed?

A) A goldsmith failed to make a chain on time.

B) A joint owner of a car sells it without the other's consent and pockets all the proceeds. (The key says (d), though (b) and (c) are also strong examples of CBT).

C) A contractor used fewer cement bags and passed the rest to another.

D) A post-master did not enter received deposits into accounts.

76 / 100

Under section 9 of Evidence Act

A) the identification parades of chattels are relevant

B) the identification parades of suspects are relevant

C) both (a) & (b) are relevant

D) only (a) & not (b) is relevant.

77 / 100

X, on receiving grave and sudden provocation from Z, intentionally causes the death of Y (Z's brother). X has committed:

A) Culpable homicide not amounting to murder.

B) Grievous hurt.

C) Murder (Provocation from Z does not justify killing Y, an innocent party. Exception 1 to Sec 300 does not apply).

D) Attempt to murder.

78 / 100

A was relieved of his watch by B in a running train. As A raised an alarm, C pushed A, causing A to fall and sustain a sprain, to enable B to escape with the watch. C committed:

A) Grievous hurt

B) Robbery (Causing hurt to carry away stolen property converts the theft to robbery for all involved).

C) Hurt

D) Abetment

79 / 100

Motives, of preparation and conduct are relevant

A) under section 9 of Evidence Act.

B) under section 6 of Evidence Act

C) under section 7 of Evidence Act

D) under section 8 of Evidence Act

80 / 100

The footnote specifies that the words "or local" were omitted from Section 29 by which Act?

A) Act No. XVII of 1914

B) The Constitution

C) Act No. VIII of 1930

D) Act No. VIII of 1973

81 / 100

A trustee is about to make an imprudent sale of trust-property. B may sue for an injunction to restrain the sale, EVEN THOUGH:

A) B is not the beneficiary

B) The property is useless

C) The sale is profitable

D) Compensation in money would have afforded him adequate relief

82 / 100

Under Section 231, when a charge is altered after the trial commences, the prosecutor and accused shall be allowed to:

A) Recall or re-summon and examine any witness with reference to the alteration

B) Go home

C) Transfer the case to another district

D) Change the judge

83 / 100

Under section 8 of Evidence Act

A) all the above.

B) conduct is relevant

C) preparation is relevant

D) motive is relevant

84 / 100

A person who does not possess sufficient means to pay the required court fee for a plaint is referred to in the CPC (English) as:

A) An indigent person (pauper)

B) An insolvent

C) A bankrupt

D) A judgment-debtor

85 / 100

Things said or done by a conspirator in reference to the common design is relevant

A) under section 6 of Evidence Act

B) under section 8 of Evidence Act.

C) under section 12 of Evidence Act

D) under section 10 of Evidence Act

86 / 100

Section 29(4) states that Sections 26 and 27 do not apply to cases arising in territories to which which Act extends?

A) The Forest Act

B) The Easements Act, 1882

C) The Property Act

D) The Registration Act

87 / 100

If an altered charge is NOT likely to prejudice the accused or prosecutor, what may the Court do (Section 228)?

A) Arrest the prosecutor

B) Dismiss the case

C) Proceed with the trial as if the new/altered charge had been the original

D) Adjourn for 6 months

88 / 100

A "summary procedure" under CPC (English) is specifically designed for the speedy recovery of money based on:

A) Claims for defamation

B) Unwritten verbal agreements

C) Bills of exchange, hundies, and promissory notes

D) Complex inheritance disputes

89 / 100

The directors of a public company are about to pay a dividend out of capital. Any shareholder may sue for:

A) A larger dividend

B) Specific performance

C) Corporate dissolution

D) An injunction to restrain them

90 / 100

The facts which form part of the same transaction are relevant

A) under section 7 of Evidence Act

B) under section 8 of Evidence Act.

C) under section 6 of Evidence Act

D) under section 5 of Evidence Act

91 / 100

A court may appoint a "Receiver" to:

A) Act as the next friend for a minor plaintiff

B) Hear the oral evidence instead of the judge

C) Manage, protect, and preserve the disputed property during the pendency of the litigation

D) Arrest absconding witnesses

92 / 100

Which section was repealed by the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914)?

A) Section 32

B) Section 31

C) Section 29

D) Section 30

93 / 100

Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant

A) under section 6 of Evidence Act

B) under section 9 of Evidence Act.

C) under section 8 of Evidence Act

D) under section 7 of Evidence Act

94 / 100

In a summary suit, how does the defendant's right to defend differ from an ordinary civil suit?

A) They cannot defend at all under any circumstances

B) They must enter an appearance and obtain the leave of the court to defend by showing triable issues

C) They can file a counter-claim immediately without leave

D) They have 120 days to file a written statement

95 / 100

A fact forming part of the same transaction is relevant under section 6 of Evidence Act

A) though not in issue, must have occurred at the same time & place.

B) if it is in issue and may have occurred at different times & places

C) though not in issue and may have occurred at the same time & place or at different times & places

D) if it is in issue and have occurred at the same time & place

96 / 100

A lets land to B, and B contracts not to dig sand. A may sue for an injunction to:

A) Force B to dig

B) Restrain B from digging in violation of his contract

C) Cancel the lease immediately

D) Claim the sand

97 / 100

In the course of A's employment as a vakil, A threatens to make his client B's papers public. B may sue for:

A) Defamation only

B) A declaration of ownership

C) An injunction to restrain A from so doing

D) Criminal breach of trust only

98 / 100

If the new/altered charge requires previous sanction for prosecution, what must happen (Section 230)?

A) Sanction is deemed waived

B) The accused is acquitted automatically

C) The case proceeds anyway

D) The case shall not proceed until such sanction is obtained (unless already obtained for the same facts)

99 / 100

Use of violence by a member of an assembly of 5 or more persons in furtherance of their common object constitutes:

A) Rioting

B) Affray

C) (The key says (d) Unlawful assembly, but violence makes it Rioting under Sec 146. Transcribing as provided).

D) Assault

100 / 100

Facts which are necessary to explain or introduce relevant facts of place, name, date, are relevant

A) under section 9 of Evidence Act

B) under section 8 of Evidence Act

C) under section 10 of Evidence Act

D) under section 11 of Evidence Act.

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Bar Council Full Model Test 37 English | 100 Marks 60 Min