Bar Council Full Model Test 38 English

Bar Council Full Model Test 38 (English)

Bangladesh Bar Council Preliminary Full Model Test 38

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

What distinguishes Common Intention (Sec 34) from Common Object (Sec 149)?

A) Common object (Sec 149) creates a specific offence whereas common intention (Sec 34) does not (it's a rule of evidence/liability).

B) Neither creates specific offences.

C) Both create specific offences.

D) Intention creates specific offence.

2 / 100

A gives contradictory statements on oath before the Magistrate and the Sessions Court. It cannot be proved which statement was false. Can he be convicted of giving false evidence?

A) Yes, but only fined

B) Yes, he may be charged in the alternative and convicted

C) No, he must be pardoned

D) No, benefit of doubt applies

3 / 100

A villager obtains a declaratory decree that his land is subject to no right of way. Afterwards, others sue A for obstructing. A may sue for:

A) An injunction to restrain them

B) Specific performance

C) Rescission of the decree

D) Compensation

4 / 100

Can a person accused of an offence and a person accused of ABETTING that same offence be tried together?

A) No, they must be separated

B) Only in theft cases

C) Yes

D) Only in murder cases

5 / 100

Under section 14 of Evidence Act Explanation I

A) evidence having a distinct and immediate reference to the particular matter in question is admissible

B) evidence of general disposition, habit or tendencies is inadmissible

C) both (a) & (b) are incorrect.

D) both (a) & (b) are correct

6 / 100

(Detailed check on Sec 200) When a complaint is made in writing by a COURT, the Magistrate:

A) Must still examine the judge on oath

B) Does not need to examine the complainant

C) Must send it to the police

D) Must dismiss the case

7 / 100

If the conviction on the primary charge is set aside on appeal, what can the Court do with the withdrawn charges under Section 240?

A) The prosecutor is fined

B) The Court may proceed with the inquiry or trial of the withdrawn charges

C) The accused is released

D) They remain permanently acquitted

8 / 100

What is the effect of the withdrawal of the remaining charges under Section 240?

A) It shall have the effect of an acquittal on such charge or charges

B) It delays the trial

C) It transfers them to a civil court

D) It means the accused is guilty of them but forgiven

9 / 100

Which of the following will amount to criminal conspiracy?

A) Unity of criminal behavior.

B) Persons agree to commit an act in furtherance of common intention.

C) An agreement to commit an offence even if no step is taken to carry it out.

D) Intention is known and shared.

10 / 100

If the appellate court finds that the trial court disposed of the suit on a preliminary point and reverses that decision in appeal, what does the appellate court typically do?

A) Keep the case pending forever

B) Remand the case to the trial court with a direction to determine the suit on its full merits

C) Dismiss the suit entirely

D) Arrest the trial judge

11 / 100

A works his mine under B's mine and threatens to remove pillars supporting B's mine. B may sue for:

A) A declaration of ownership

B) An injunction to restrain him from so doing

C) Cancellation of A's lease

D) The coal A mined

12 / 100

Is a suit for an injunction explicitly mentioned in the exclusion of time under Section 15(1)?

A) Only temporary injunctions

B) No, it mentions suits stayed by injunction

C) Yes

D) Only mandatory injunctions

13 / 100

Which statement correctly defines murder?

A) Death caused with intention of causing such bodily injury as the offender knows to be likely to cause the death of the specific person injured.

B) Death caused with knowledge it is likely to cause death.

C) Act done with intention of causing bodily injury likely to cause death.

D) Death under provocation.

14 / 100

X, a doctor, knows Y has an enlarged liver. X strikes Y moderately, rupturing the liver and killing Y. X is:

A) Guilty of another offence.

B) Guilty of no offence.

C) Guilty of culpable homicide.

D) Guilty of murder (He knew the specific condition and that his act was likely to cause death to that specific person).

15 / 100

Does Section 238 authorize a conviction for an offence requiring a specific complaint (like adultery under Sec 199) if no such complaint was made?

A) Only if the police approve

B) Yes

C) Only if the judge wants to

D) No

16 / 100

If the Court suo motu (on its own motion) feels that the presence of a person is necessary to effectively adjudicate all the questions involved in the suit, it can add such person as a party under which provision?

A) Order I, Rule 13

B) Order II, Rule 3

C) Order I, Rule 8

D) Order I, Rule 10(2)

17 / 100

Under Section 26, does the 60-year rule apply if the property over which an easement is claimed belongs to a private company?

A) Depends on company size

B) No, only if it belongs to the Government

C) Yes

D) Yes, if public limited company

18 / 100

Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under

A) section 19 of Evidence Act.

B) section 16 of Evidence Act

C) section 17 of Evidence Act

D) section 18 of Evidence Act

19 / 100

Which of the following does NOT constitute a valid ground for the "rejection" of a plaint under Order VII, Rule 11?

A) The plaintiff relies on a document but fails to annex it to the plaint

B) The plaint does not disclose a cause of action

C) The suit appears from the statement in the plaint to be barred by any law

D) The relief claimed is undervalued and the plaintiff fails to correct it within the time fixed

20 / 100

X finds Y alone at night, shows a revolver, and demands Y's purse, threatening death. Y complies. X is:

A) Guilty of theft

B) Not guilty

C) Guilty of robbery (Extortion by putting in fear of instant death).

D) Guilty of dacoity

21 / 100

A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible

A) under section 30 of Evidence Act

B) under section 10 of Evidence Act

C) under section 8 of Evidence Act

D) both (b) & (c).

22 / 100

Which statement regarding abetment is INCORRECT?

A) Abetment can be committed by mere silence.

B) If the abetted person is not legally liable, the abettor too cannot be held liable. (The abettor is still liable).

C) An abettor is liable for likely consequences.

D) An abettor is liable even if the act is not committed.

23 / 100

In which case has a dishonest misappropriation NOT been committed?

A) 1, 2 and 3.

B) A sells a jointly owned horse and pockets the money.

C) A finds a purse, picks it up, but is immediately arrested. (Merely picking it up without time to discover the owner or convert it might not complete the offence).

D) A borrows a book, then pawns it to watch a movie.

24 / 100

(Detailed check on Sec 204) When by any law process fees are payable, no process shall be issued until:

A) The trial ends

B) The Government waves them

C) The fees are paid

D) The accused pays them

25 / 100

Are parties generally allowed to produce new/additional evidence (oral or documentary) in the Appellate Court?

A) Yes, but only oral evidence

B) No, unless the lower court improperly refused to admit it, or the appellate court requires it to pronounce judgment

C) Yes, whenever they want

D) No, under zero circumstances

26 / 100

Under Section 238(1), if a person is charged with an offence consisting of several particulars, but only some are proved which constitute a minor offence, he may be:

A) Remanded to police custody

B) Given a life sentence

C) Convicted of the minor offence, though he was not charged with it

D) Acquitted totally

27 / 100

True or False context: Can a benamider ever be considered a trustee under the definitions of this Act?

A) Yes, if registered

B) Yes, always

C) No, expressly excluded

D) Depends on customary law

28 / 100

Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant

A) either (b) or (c).

B) when it is certain that the act is done innocently

C) when it is uncertain whether the act is intentional or accidental

D) when it is certain that the act is with guilty knowledge

29 / 100

Sedition is committed by:

A) Exhortation not to pay revenue.

B) Reciting a seditious poem in a public meeting.

C) Joining a party.

D) Expressing disapprobation without exciting hatred.

30 / 100

A, intending to murder B, gives poisoned water to a bearer to serve B. The bearer drops the glass.

A) Attempt to murder (A completed his part of the act).

B) Abetment.

C) Attempt to commit culpable homicide.

D) A committed no offence.

31 / 100

Admissions

A) can be examined in parts

B) can be examined as a whole or in parts

C) must be examined as a whole and not in parts

D) both (b) & (c) are correct.

32 / 100

Under Section 237, if A is charged with theft, but evidence shows he committed criminal breach of trust (for which he could have been alternatively charged), what happens?

A) A new trial must start

B) The case is sent to the High Court

C) He may be convicted of criminal breach of trust, even though he was not charged with it

D) He is acquitted of everything

33 / 100

Under Order VI, Rule 15, every pleading must be verified at the foot by:

A) The court clerk

B) The oath commissioner

C) The party or by one of the parties pleading, or some other person proved to the satisfaction of the Court to be acquainted with the facts

D) The pleader only

34 / 100

Assertion (A): Crime is punishable because it is provided in law. Reason (R): Crime is revolting to the moral sense of society.

A) Both true, R doesn't explain A.

B) A is true, R is false.

C) A is false, R is true.

D) Both A and R are true and R is the correct explanation of A. (Though technically legal positivism vs natural law, standard answer applies).

35 / 100

Who formulated the "Canons of Professional Conduct and Etiquette"?

A) Bangladesh Bar Council

B) Parliament

C) Law Commission

D) Supreme Court

36 / 100

Under Section 240, when a charge has multiple heads and a conviction is had on one of them, the prosecutor may withdraw the remaining charges with the consent of:

A) The police

B) The Court

C) The victim

D) The accused

37 / 100

The general rule for the amendment of pleadings is that the Court may allow it at any stage of the proceedings. However, an amendment is usually NOT allowed if:

A) It reduces the amount of claim

B) It takes away a legal right accrued to the other party by lapse of time (limitation)

C) It corrects a mere spelling mistake

D) It clarifies the existing cause of action

38 / 100

A writes letters to B. After their death, C proposes to publish them for money. D (A's executor) may sue for:

A) Specific performance

B) The money C makes

C) An injunction to restrain C from publishing them

D) Defamation

39 / 100

A is charged with causing grievous hurt (Sec 325). He proves grave and sudden provocation. Can he be convicted of the minor offence (Sec 335)?

A) No, he must be acquitted

B) Yes, but only with Supreme Court approval

C) No, he must be charged anew

D) Yes, although not charged with it

40 / 100

Can persons accused of different offences committed in the course of the same transaction be tried together?

A) No

B) Only if the offences have the same punishment

C) Only in Metropolitan areas

D) Yes

41 / 100

Section 14 of Evidence Act makes relevant the facts which show the existence of

A) a particular state of mind and a state of body.

B) any state of body or bodily feeling

C) either state of mind or of body or bodily feeling

D) any state of mind

42 / 100

Which of the following is considered a valid legal ground for seeking a review of a judgment?

A) Discovery of new and important evidence which could not be produced earlier despite due diligence, or a mistake/error apparent on the face of the record

B) The party simply dislikes the judge's reasoning

C) The opposing party died after the judgment was pronounced

D) The losing party found a more experienced lawyer

43 / 100

An appeal from an appellate decree (commonly known as a Second Appeal) normally lies only on the grounds of:

A) A substantial question of fact

B) Inadequacy of damages awarded

C) Credibility of the witnesses

D) A substantial question of law

44 / 100

Can an oral acknowledgment restart the limitation period under Section 19?

A) Yes, in rural courts

B) No, it must be in writing

C) Yes, if there are witnesses

D) Yes, if recorded

45 / 100

Mode of proof of a custom is contained in

A) section 48 of Evidence Act

B) section 32(7) of Evidence Act

C) section 32(4) of Evidence Act

D) all the above.

46 / 100

Which statement correctly defines theft?

A) Removal without consent.

B) Dishonest removal of any property.

C) Dishonest removal of one's property.

D) Dishonest removal of movable property from one's possession without his consent.

47 / 100

Under Section 239(c), persons accused of more than one offence of the same kind (up to three within 12 months) committed by them JOINTLY can be:

A) Exiled

B) Fined only

C) Tried separately

D) Charged and tried together

48 / 100

The essence of sedition is:

A) Both

B) Result

C) Benefits gained

D) Intention (to excite disaffection).

49 / 100

An objection regarding the misjoinder or non-joinder of parties must be raised by the defendant:

A) At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement

B) During the cross-examination

C) Only in the appellate court

D) At the time of the final argument

50 / 100

A memorandum of appeal must strictly be accompanied by:

A) A fresh plaint stating the cause of action again

B) A copy of the decree appealed from and (usually) the judgment

C) Affidavits of all witnesses from the lower court

D) The entire trial court physical record

51 / 100

In which chapter is the "Duty to the Public" discussed?

A) Chapter 4

B) Chapter 3

C) Chapter 1

D) Chapter 2

52 / 100

Does filing an appeal automatically operate as a stay of the execution of the original decree?

A) Yes, completely and automatically

B) Yes, but only for a period of 30 days

C) Yes, if the appellant is a wealthy individual

D) No, an appeal does not operate as a stay unless the Appellate Court explicitly orders it

53 / 100

In which chapter is the "Duty to the Client" mentioned?

A) Chapter 2

B) Chapter 3

C) Chapter 4

D) Chapter 1

54 / 100

A plaintiff sues for mesne profits but intentionally omits to sue for the recovery of the immovable property itself. Can they later file a separate suit for the recovery of the property?

A) Yes, with the permission of the defendant

B) No, the subsequent suit is barred for omitting a relief arising from the same cause of action

C) Yes, if they pay double court fees

D) Yes, because they are different causes of action

55 / 100

To prevent a breach of obligation, a mandatory injunction may be granted to:

A) Cancel instruments only

B) Declare rights only

C) Compel the performance of certain acts

D) Forbid all actions

56 / 100

A builds a house with eaves projecting over B's land. B may sue for an injunction to:

A) Transfer the land to A

B) Pull down the entire house

C) Share the house

D) Pull down so much of the eaves as so project

57 / 100

Section 13 of Evidence Act applies to

A) both corporal and incorporal rights

B) corporal rights

C) incorporal rights

D) neither (a) nor (b).

58 / 100

Does a continuing breach of contract mean limitation starts only once at the first breach?

A) Yes, for lease agreements

B) Yes

C) Yes, unless written otherwise

D) No, a fresh period begins at every moment the breach continues

59 / 100

Which statement is correct regarding conspiracy?

A) Principal and accessory are distinct.

B) Distinction exists in all offences.

C) In conspiracy, there is no distinction between principal and accessory (all conspirators are equally liable for the agreement).

D) None is correct.

60 / 100

According to Section 239, can persons accused of the same offence committed in the course of the same transaction be charged and tried together?

A) Only if they are related

B) No

C) Only if they are of the same gender

D) Yes

61 / 100

Under Section 14, if a proceeding was prosecuted without due diligence, will the time be excluded?

A) Partially

B) Yes

C) No

D) Subject to a fine

62 / 100

(Detailed check on Sec 205) A Magistrate inquiring into a case where personal attendance was dispensed with may:

A) Only call the accused for sentencing

B) Only call the accused if the pleader is late

C) Direct personal attendance at any stage of the proceedings

D) Never call the accused

63 / 100

A tradesman holds out B as his partner against B's wish. B may sue for:

A) Rescission of A's business

B) Half the profits

C) A declaration of partnership

D) An injunction to restrain A from so doing

64 / 100

Assertion (A): There is no liability for attempting an impossible theft. Reason (R): No liability is incurred under Sec 511 for attempting an act which, if done, is not an offence.

A) A is false (Impossible attempts like picking an empty pocket ARE punishable), but R is true (Attempting something that isn't a crime is not punishable).

B) Both true, R doesn't explain A.

C) Both true, R explains A.

D) A is true, R is false.

65 / 100

Can a thief and the person who received the stolen property from that exact theft be tried together under Section 239?

A) Yes

B) No

C) Only if the property is worth over 1 lakh Taka

D) Only if they are arrested on the same day

66 / 100

Transaction and instances relating to a right or custom are relevant

A) under section 8 of Evidence Act

B) under section 10 of Evidence Act

C) under section 13 of Evidence Act.

D) under section 6 of Evidence Act

67 / 100

A infringes B's patent. If the Court is satisfied the patent is valid and infringed, B may obtain:

A) A life sentence for A

B) An injunction to restrain the infringement

C) A mandatory injunction to sell

D) Ownership of A's factory

68 / 100

Section 55 deals with which type of injunction?

A) Temporary

B) Perpetual

C) Mandatory

D) Restrictive

69 / 100

A pirates B's copyright. B may obtain an injunction unless the work is:

A) Educational

B) Libellous or obscene

C) In a foreign language

D) Out of print

70 / 100

Which of the following is an essential element of criminal breach of trust?

A) Contractual relationship

B) Transfer of possession (Entrustment).

C) Taking possession fraudulently

D) Property must be movable

71 / 100

If a plaint is returned by the Court under Order VII, Rule 10 for being filed in the wrong court, what happens to the court fee already paid?

A) The judge personally refunds it

B) It is forfeited entirely

C) The plaintiff must pay fresh court fees in the new court

D) The same plaint with the original court fee can be presented to the proper court

72 / 100

Section 13 of Evidence Act

A) is confined to private rights and does not cover public rights

B) either (a) or (c) is correct.

C) is confined to public rights & does not cover private rights

D) is not confined to public rights and covers private rights also

73 / 100

Under Section 236, if it is DOUBTFUL which of several offences the facts will constitute, how can the accused be charged?

A) Only with the most severe offence

B) With all of them, or in the alternative

C) Only with the least severe offence

D) The case must be dismissed

74 / 100

Under Section 238(2A), when a person is charged with an offence, he may be convicted of an ATTEMPT to commit such offence:

A) Only if he pleads guilty to the attempt

B) Although the attempt is not separately charged

C) Only if the attempt is separately charged

D) Never

75 / 100

Previous conviction of a person is relevant under

A) explanation III to section 14 of Evidence Act

B) explanation I to section 14 of Evidence Act

C) explanation II to section 14 of Evidence Act

D) explanation IV to section 14 of Evidence Act.

76 / 100

A's act may amount to theft, receiving stolen property, criminal breach of trust, or cheating. How can A be charged?

A) Only with theft

B) With all four, or any one of them in the alternative

C) The police must decide before the trial

D) Only with cheating

77 / 100

If a defendant refuses to sign the acknowledgment of the summons, the serving officer is required to:

A) Return it to the court and cancel the suit

B) Throw the summons inside the house

C) Affix a copy of the summons on the outer door or some other conspicuous part of the house

D) Arrest the defendant

78 / 100

Appeals against certain specific orders (like an order returning a plaint or rejecting an application to set aside an ex parte decree) rather than decrees are known as:

A) Review Petitions

B) Appeals from Orders (Miscellaneous Appeals)

C) Second Appeals

D) Revisions

79 / 100

Is the time requisite for obtaining a copy of the judgment excluded when applying for a review of judgment (Sec 12(2))?

A) No

B) Only in high court

C) Only in civil courts

D) Yes

80 / 100

An application for "Review" of a judgment is filed before:

A) The Supreme Court only

B) The District Judge

C) The exact same Court/Judge that passed the decree or made the order

D) A special administrative tribunal

81 / 100

A cuts down a tree on Z's ground without permission and takes it away secretly.

A) Misappropriation.

B) Extortion.

C) Trespass.

D) It is theft.

82 / 100

In which chapter of the Canons is the "Duty to the Court" discussed?

A) Chapter 3

B) Chapter 1

C) Chapter 4

D) Chapter 2

83 / 100

Can persons accused of offences relating to counterfeit coin and abetment of such offences be tried together?

A) Only by a Special Tribunal

B) Only if they made more than 100 coins

C) No

D) Yes

84 / 100

"Reference" under the Civil Procedure Code refers to:

A) A subordinate court referring a doubtful question of law to the High Court Division for its opinion

B) Using a reference book during trial arguments

C) Referring a case to a private mediator

D) A lawyer referring a complicated case to another lawyer

85 / 100

A improperly uses B's trademark. B may obtain an injunction provided that B's use of the trademark is:

A) Registered for 10 years

B) Honest

C) Internationally recognized

D) Profitable

86 / 100

In which chapter is the "Duty to other Advocates" found?

A) Chapter 2

B) Chapter 1

C) Chapter 3

D) Chapter 4

87 / 100

Culpable homicide is not murder if committed under:

A) Grave and sudden provocation

B) Moral conviction

C) Madness

D) Anger

88 / 100

Alibi is governed by

A) section 11 of Evidence Act.

B) section 8 of Evidence Act

C) section 12 of Evidence Act

D) section 6 of Evidence Act

89 / 100

Admissions

A) must be in writing

B) only in writing & not oral.

C) either oral or in writing

D) must be oral

90 / 100

Admissions bind the maker

A) in so far as it relates to facts

B) neither (a) nor (b).

C) both on questions of facts & of law

D) in so far as it relates to question of law

91 / 100

If a writing containing an acknowledgment is undated, can oral evidence of its contents be received (Sec 19(2))?

A) Yes, if the judge asks

B) Only for the signature

C) No, subject to Evidence Act, oral evidence of contents not received

D) Yes, always

92 / 100

Under the Penal Code, who among the following is liable for committing theft?

A) Child below 8

B) Child between 7 and 10

C) Child below 7 (historically, now 9)

D) A child between 9 and 12 years having sufficient maturity of understanding (historically 7-12).

93 / 100

If a court is closed on the first day of the limitation period, does Section 4 grant an extension?

A) Yes, by one week

B) Yes, by 30 days

C) Yes

D) No, Section 4 only applies if the period expires on a day the court is closed

94 / 100

Where there are several defendants, and the summons is to be served, it must be served on:

A) Only the first defendant

B) Each of the defendants separately

C) Any one of the defendants randomly

D) The eldest defendant only

95 / 100

Admission to be relevant

A) must be made to the party concerned & not to a stranger

B) it is immaterial to whom the admission is made but must be made to someone intimately connected & not a stranger.

C) it is immaterial as to whom admission is made and an admission made to a stranger is relevant

D) must be made to a stranger

96 / 100

A "Set-off" claimed by a defendant in their written statement must necessarily be for:

A) An unliquidated claim for damages

B) An ascertained sum of money legally recoverable from the plaintiff

C) A declaration of title

D) Recovery of an immovable property

97 / 100

True or False context: Under Section 5, is ignorance of law considered a sufficient cause?

A) Yes, for foreigners

B) No, it specifies being misled by High Court Division

C) Yes, explicitly stated

D) Yes, for minors

98 / 100

X and four armed hoodlums seize Y's child and threaten to kill him unless Y gives his watch and ring. X commits:

A) Theft

B) Robbery

C) Dacoity (5 persons conjointly committing robbery).

D) Attempt to murder

99 / 100

Which of the following statements is correct regarding misappropriation?

A) Finding money on one's own purchased land and keeping it is misappropriation.

B) A person who finds lost property and dishonestly converts it to his own use commits criminal misappropriation.

C) A partner using a firm's car is misappropriation.

D) Removing ornaments from a dead body is misappropriation.

100 / 100

To successfully obtain a stay of execution from an Appellate Court, the applicant must usually show:

A) That they have hired a senior lawyer

B) That they are filing an interpleader suit

C) That substantial loss may result if no stay is granted, the application is made without delay, and security has been furnished

D) That the trial judge was inexperienced

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Bar Council Full Model Test 38 English | 100 Marks 60 Min