Bar Council Full Model Test 04 English

Bar Council Full Model Test 04 (English)

Bangladesh Bar Council Preliminary Full Model Test 04

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

Admissions made by a party are evidence against

A) privies in blood

B) all the above

C) privies in law

D) privies in estate

2 / 100

A Magistrate of the third class may pass a sentence of imprisonment for a term not exceeding:

A) 1 year

B) 2 years

C) 3 years

D) 6 months

3 / 100

Where any persons agree in writing to state a case for the opinion of the Court, it is called (Section 90):

A) Review

B) Special Case

C) Reference

D) Interpleader

4 / 100

What is the exception to Section 9 (continuous running of time)?

A) If the defendant goes bankrupt

B) If the court goes on vacation

C) If the plaintiff goes abroad

D) If letters of administration to the estate of a creditor have been granted to his debtor

5 / 100

Under Section 7, if NO discharge can be given without the concurrence of the disabled person, when will time run?

A) It will not run against any of them until one becomes capable of giving discharge or disability ceases

B) Immediately

C) Only against the capable persons

D) After 12 years

6 / 100

Under the Penal Code (as amended by Children Act 2013), a child is entirely exempted from criminal liability if they are below the age of:

A) 9 years

B) 12 years

C) 10 years

D) 7 years

7 / 100

What must be deposited in the court at the time of filing the suit for specific performance under Section 21A?

A) 10% of the property value

B) The balance amount of consideration of the contract

C) The original property deed

D) A guarantee letter from a bank

8 / 100

Section 8 dictates that the period of limitation cannot be extended for more than how many years from the cessation of the disability?

A) One year

B) Two years

C) Three years

D) Twelve years

9 / 100

In the case of consecutive sentences for several offences at one trial, a person shall NOT be sentenced to imprisonment for a longer period than:

A) 10 years

B) 14 years

C) 20 years

D) 7 years

10 / 100

Suits concerning alleged breach of trust created for public charities are dealt with under which section?

A) Section 94

B) Section 93

C) Section 91

D) Section 92

11 / 100

Every person has a right to defend:

A) None of the above

B) His own body and the body of any other person

C) Only his own body

D) Only the body of his friends

12 / 100

(Illustration) A sues for a legacy. Accruer during minority. He attains majority 11 years later. Ordinary law leaves 1 year. Under Sections 6 and 8, how much time does he have from attaining majority?

A) 3 years

B) 2 years

C) 1 year

D) 12 years

13 / 100

Specific performance cannot be enforced in favour of a person who has already chosen his remedy and obtained:

A) A temporary injunction

B) Satisfaction for the alleged breach of contract

C) Specific performance

D) A declaratory decree

14 / 100

Upon successful compromise through mediation under Section 89A, the parties are entitled to a refund of court fees within:

A) 120 days

B) 30 days

C) 60 days

D) 90 days

15 / 100

The expression 'harm' used in Section 81 of the Penal Code means:

A) Hurt

B) Injury or damage (to person or property)

C) Physical injury only

D) Moral wrong

16 / 100

Who is NOT eligible for appointment as a mediator under Section 89A?

A) A person holding an office of profit in the service of the Republic

B) An engaged pleader of the parties

C) A retired judge

D) A Legal Aid Officer

17 / 100

Admissions

A) must be in writing

B) either oral or in writing

C) only in writing & not oral

D) must be oral

18 / 100

Can an appeal lie from an ex parte original decree (Section 96)?

A) Yes

B) Only with permission of the Government

C) No

D) Only if the amount exceeds 50,000 Taka

19 / 100

Persons who can make admissions are mentioned in

A) section 19 of Evidence Act

B) section 20 of Evidence Act

C) section 17 of Evidence Act

D) section 18 of Evidence Act

20 / 100

Section 24 of Evidence Act applies

A) when the inducement is of a temporal kind

B) when the inducement is spiritual or religious

C) when the inducement, threat or promise comes from a person in authority

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

21 / 100

If a mediation initiative led by the Court itself fails, can the same Judge hear the suit?

A) The suit is dismissed

B) Yes, if the parties consent

C) No, the suit shall be heard by another court of competent jurisdiction

D) Yes, always

22 / 100

What is the time limit to conclude a mediation under Section 89A?

A) 120 days

B) 30 days

C) 60 days

D) 90 days

23 / 100

In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence... (full)

A) section 19 of Evidence Act

B) section 17 of Evidence Act

C) section 21 of Evidence Act

D) section 20 of Evidence Act

24 / 100

Admission to be relevant

A) must be made to a stranger

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

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

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

25 / 100

Propositions under Evidence Act are: Statement is a genus, admission is a species... (full)

A) I & II are correct & III is incorrect

B) I is correct & II & III are incorrect

C) I is correct, II & III are incorrect

D) II & III are correct & I is incorrect

26 / 100

Does an order determining an application for compensation under Section 95 bar a subsequent suit for compensation?

A) Only if the High Court orders

B) Only if the compensation awarded was less than 5,000 Taka

C) Yes, it bars any separate suit for compensation

D) No, a separate suit can be filed

27 / 100

What is the maximum fine a Magistrate of the second class can impose?

A) Three lac taka

B) One lac taka

C) Five lac taka

D) Two lac taka

28 / 100

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

A) Legal Education Committee

B) Finance Committee

C) Enrollment Committee

D) Executive Committee

29 / 100

The withdrawal of powers conferred on a Magistrate in consultation with the High Court Division requires consultation with:

A) The High Court Division

B) The District Magistrate

C) The Supreme Judicial Council

D) The Government

30 / 100

A court officer is ordered to arrest P. Believing Q to be P after reasonable inquiry, he arrests Q. A is guilty of:

A) Wrongful confinement

B) Wrongful restraint

C) Illegal arrest

D) No offence

31 / 100

A is unconscious after an accident. A surgeon performs an operation in good faith to save A, but A dies. The surgeon is prosecuted.

A) The surgeon is liable for negligence

B) The surgeon committed an offence

C) The surgeon is not liable because it was done in good faith for A's benefit and consent could not be obtained

D) The surgeon committed murder

32 / 100

What is the maximum fine a Magistrate of the third class can impose?

A) Two lac taka

B) Fifty thousand taka

C) Three lac taka

D) One lac taka

33 / 100

An act will not be an offence if done by accident or misfortune:

A) By lawful means

B) While doing a lawful act

C) Without criminal intention

D) Without criminal intent, doing a lawful act in a lawful manner by lawful means with proper care

34 / 100

Section 39 deals with the:

A) Declaratory decrees

B) Rectification of instruments

C) Cancellation of instruments

D) Rescission of contracts

35 / 100

Under Section 80, the exception of accident is available when an act is done:

A) Without any care

B) In any manner

C) In a lawful manner by lawful means

D) By any means

36 / 100

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

A) Remove from practice

B) Suspend

C) Reprimand

D) All of the above

37 / 100

Communication made ‘without prejudice’ are protected

A) under section 23 of Evidence Act

B) under section 21 of Evidence Act

C) under section 24 of Evidence Act

D) under section 22 of Evidence Act

38 / 100

Section 89C makes mediation mandatory in which proceeding?

A) Review application

B) Execution proceeding

C) Appeal from an original decree (Order XLI)

D) Revision proceeding

39 / 100

When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit... (full)

A) under section 19 of Evidence Act

B) under section 21 of Evidence Act

C) under section 17 of Evidence Act

D) under section 20 of Evidence Act

40 / 100

(Illustration) The right to sue accrues to A during minority. He attains majority four years later. The limitation period is 3 years. When must he sue?

A) Within 1 year from attaining majority

B) Within 3 years from the date of accruer

C) Within 3 years from attaining majority

D) Within 4 years from accruer

41 / 100

If an arrest, attachment, or injunction was obtained on insufficient grounds, the Court may award compensation up to (Section 95):

A) 50,000 Taka

B) 10,000 Taka

C) 20,000 Taka

D) 5,000 Taka

42 / 100

Mediation under Section 89A is mandatory EXCEPT in a suit under:

A) The Limitation Act

B) The Family Courts Ordinance

C) The Specific Relief Act

D) The Artha Rin Adalat Ain, 2003

43 / 100

If a Magistrate tries a case with consecutive sentences, the aggregate punishment shall not exceed what amount of their ordinary competent jurisdiction?

A) The exact amount

B) Thrice the amount

C) Half the amount

D) Twice the amount

44 / 100

Section 89B provides for withdrawal of a suit for settlement through:

A) Salish Ain, 2001 (Arbitration)

B) Gram Adalat

C) Foreign Court

D) Mediation

45 / 100

Rescission of a contract in writing cannot be adjudged for mere mistake, unless:

A) The contract involves moveable property

B) The mistake was intentional

C) The party can be restored to substantially the same position

D) The party pays a fine

46 / 100

The jurisdiction to decree specific performance under Section 22 is:

A) Mandatory

B) Determined by a jury

C) Arbitrary

D) Discretionary

47 / 100

Every person is bound to assist a Magistrate or police-officer reasonably demanding aid in:

A) The prevention of injury to public property

B) All of the above

C) The prevention of a breach of the peace

D) Taking or preventing the escape of a person authorized to be arrested

48 / 100

A Magistrate specially empowered under section 29C may pass any sentence except death, transportation, or imprisonment for a term exceeding:

A) 10 years

B) 7 years

C) 14 years

D) 5 years

49 / 100

The right of private defence is available to:

A) Only adults

B) Only those capable of committing a crime

C) All, irrespective of age and capacity

D) Only public servants

50 / 100

Under Section 35, any person interested in a contract in writing may sue to have it:

A) Cancelled

B) Ratified

C) Registered

D) Rescinded

51 / 100

Section 10 deals with suits against:

A) Express trustees and their representatives

B) Minors

C) Government officials

D) Foreigners

52 / 100

Under Section 94, in order to prevent the ends of justice from being defeated, the Court may:

A) Direct the defendant to furnish security

B) Grant a temporary injunction

C) All of the above

D) Issue a warrant to arrest the defendant

53 / 100

Imprisonment for non-payment of fine shall terminate:

A) On payment of the fine

B) On expiry of the term of imprisonment for non-payment

C) Both (a) and (b)

D) None of the above

54 / 100

If the death of a major person is caused with his consent, or he takes the risk of death with known consent, the act is:

A) No offence at all

B) Murder

C) An accident

D) Culpable homicide not amounting to murder

55 / 100

A Joint Sessions Judge may pass any sentence authorized by law EXCEPT a sentence of death, transportation for a term exceeding 10 years, or imprisonment exceeding:

A) 14 years

B) 7 years

C) 10 years

D) 5 years

56 / 100

Under Section 35A, the total period the accused may have been in custody prior to conviction shall be:

A) Added to the fine

B) Deducted from the sentence of imprisonment

C) Ignored

D) Converted into a fine

57 / 100

X, due to unsoundness of mind, attacks Y without knowing the nature of his act. Y hits X in self-defence causing hurt.

A) Y commits an offence of assault

B) Y commits an offence as X is insane

C) Y is guilty of grievous hurt

D) Y commits no offence as he has a right of private defence

58 / 100

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

A) Lifetime

B) 3 years

C) 1 year

D) 2 years

59 / 100

Homicide is justifiable when committed:

A) All of the above

B) Under Section 78

C) Under Section 76

D) Under Section 77

60 / 100

A village-headman or village watchman is bound to communicate information to the nearest Magistrate or police station regarding:

A) The occurrence of any sudden or unnatural death in their village

B) A neighbor's tax evasion

C) Unregistered marriages

D) Any minor civil dispute

61 / 100

A person aware of the intention to commit an offence like murder (Sec 302) or robbery (Sec 392) must:

A) Inform only if called by the court

B) Inform the nearest Magistrate or police-officer forthwith

C) Confront the offender directly

D) Keep it secret

62 / 100

Admission can be

A) only formal & not informal

B) informal only

C) formal only

D) either formal or informal

63 / 100

Admissions

A) are not conclusive proof of the matters admitted but operate as estoppel

B) are conclusive proof of the matter and also operate as estoppel

C) are conclusive proof of the matters admitted

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

64 / 100

By how many days can the Court extend the time for mediation?

A) 60 days

B) 45 days

C) 15 days

D) 30 days

65 / 100

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

A) 18 years

B) 25 years

C) 23 years

D) 21 years

66 / 100

(Illustration) A right to sue accrues to Z during minority. While still a minor, he becomes insane. When does time run against Z?

A) When insanity ceases

B) When minority ceases

C) When both insanity and minority cease

D) From the date of accruer

67 / 100

According to Section 8, Sections 6 and 7 do NOT apply to suits to enforce:

A) Money decrees

B) Rights of pre-emption

C) Property rights

D) Contractual breaches

68 / 100

A Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding:

A) 3 years

B) 2 years

C) 1 year

D) 5 years

69 / 100

A confession made to a police officer is inadmissible under

A) section 27 of Evidence Act

B) section 26 of Evidence Act

C) section 24 of Evidence Act

D) section 25 of Evidence Act

70 / 100

Voluntary intoxication:

A) Reduces the gravity of the offence

B) Is a weak defence

C) Makes an offence more serious

D) Is no excuse for the commission of an offence

71 / 100

Which of the following admission is no evidence

A) only (a) & (b)

B) an admission by one of the several defendants in a suit against another defendant

C) an admission by a guardian ad litem against a minor

D) an admission by one of the partners of a firm against the firm or other partners

72 / 100

When can an instrument be rectified under Section 31?

A) Through fraud or a mutual mistake of the parties

B) When the property value increases

C) When one party changes their mind

D) When it is unregistered

73 / 100

Section 76 and Section 79 of the Penal Code provide the general exception of:

A) Both mistake of law and fact

B) Mistake of fact

C) Neither

D) Mistake of law

74 / 100

Confession caused by inducement, threat or promise is contained in

A) section 24 of Evidence Act

B) section 27 of Evidence Act

C) section 25 of Evidence Act

D) section 26 of Evidence Act

75 / 100

A suit for public nuisance (Section 91) may be instituted by:

A) Any citizen of Bangladesh

B) Only the aggrieved party

C) The District Magistrate

D) The Attorney General, or two or more persons with the Attorney General's written consent

76 / 100

A Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:

A) 2 years

B) 3 years

C) 7 years

D) 5 years

77 / 100

A sentence of death passed by a Sessions Judge shall be subject to confirmation by the:

A) High Court Division

B) Supreme Judicial Council

C) Prime Minister

D) President

78 / 100

The period of imprisonment awarded in default of payment of a fine shall not exceed what fraction of the maximum competent imprisonment term?

A) One-fifth

B) One-third

C) One-half

D) One-fourth

79 / 100

A hangman who hangs a prisoner pursuant to a court order is exempt from criminal liability by virtue of:

A) Section 76

B) Section 77

C) Section 78

D) Section 80

80 / 100

According to Section 9, where once time has begun to run:

A) Death resets it

B) No subsequent disability or inability to sue stops it

C) The court can pause it anytime

D) A subsequent disability stops it

81 / 100

Additional powers conferrable on Magistrates are specified in the:

A) Third schedule

B) Fourth schedule

C) First schedule

D) Second schedule

82 / 100

Nothing is an offence which is done by a child who is:

A) A 9-year-old boy (historically 7)

B) A 12-year-old girl

C) An 18-year-old girl

D) Under 7 years of age (historically), now under 9 years

83 / 100

Are the proceedings of mediation admissible in evidence in any subsequent hearing (Section 89A)?

A) No, they shall be deemed privileged and confidential

B) Only documentary evidence is admissible

C) Yes, if the Court orders

D) Yes, if both parties agree

84 / 100

The dismissal of a suit for specific performance of a contract bars the plaintiff's right to sue for (Section 29):

A) A declaration

B) Rectification of the contract

C) Compensation for the breach of such contract

D) An injunction

85 / 100

What is the maximum fine a Magistrate of the first class can impose?

A) Two lac taka

B) Ten lac taka

C) Five lac taka

D) Three lac taka

86 / 100

Who acts as the Chairman of the Enrollment Committee?

A) Attorney General

B) Minister of Law

C) Appellate Division Judge

D) Vice-Chairman of Bar Council

87 / 100

The Court may direct executive authorities/law enforcement agencies to assist in executing a decree under:

A) Section 100

B) Section 94A

C) Section 95

D) Section 96

88 / 100

A contract to sell property by one who knows himself not to have any title to it cannot be specifically enforced in favour of the:

A) Purchaser

B) Government

C) Trustee

D) Vendor or lessor

89 / 100

The "ordinary powers" of Judicial and Executive Magistrates are specified in the:

A) Fourth schedule

B) Third schedule

C) Second schedule

D) First schedule

90 / 100

The defence of insanity in the Penal Code is developed based on:

A) Irresistible impulse

B) McNaughten's Rules

C) Automatism

D) Equivocality test

91 / 100

Under Section 96(3), an appeal shall NOT lie from a decree passed:

A) With the consent of parties

B) In an interpleader suit

C) Ex parte

D) By a Joint District Judge

92 / 100

Under the Bangladesh Penal Code, is 'irresistible impulse' per se a defence to a charge of crime?

A) Yes, it is a complete defence

B) No, it is not a defence

C) It is a partial defence

D) Yes, if medically proven

93 / 100

Under Section 7, if one of several jointly entitled persons is under a disability, and a discharge CAN be given without his concurrence, what happens to the limitation time?

A) Time runs only against the disabled person

B) Time will run against them all

C) Time will not run against any of them

D) The suit is dismissed

94 / 100

X is a good swimmer. He sees a 7-year-old child drowning. He could have saved the child but did not. The child drowns. X is guilty of:

A) No offence

B) Abetment of suicide

C) Culpable homicide

D) Murder

95 / 100

What sentence may the High Court Division pass?

A) Any sentence authorized by law

B) Maximum 14 years

C) Maximum 20 years

D) Life imprisonment only

96 / 100

Admissions by agents are

A) never admissible in criminal proceedings

B) both (b) & (c)

C) admissible in civil proceedings under all circumstances

D) admissible in civil proceedings only if the agent has the authority to make admissions

97 / 100

A person who commits an offence in a state of voluntary intoxication shall be liable to be dealt with as if he had:

A) The same intention as if he were sober

B) Not the same intention and knowledge

C) The same knowledge as if he had not been intoxicated

D) The same intention and knowledge

98 / 100

Does an appeal or revision lie against an order or decree passed in pursuance of settlement through mediation?

A) Yes, if there is a point of law

B) Only revision lies

C) No appeal or revision shall lie

D) Yes, to the High Court

99 / 100

In a suit for public nuisance, is it necessary to prove that "special damage" has been caused?

A) Yes, unless the Attorney General files it

B) Only if the damage is pecuniary

C) No, the suit can be instituted though no special damage has been caused

D) Yes, mandatory

100 / 100

In rectifying a written instrument, the Court is not confined to inquiring what the language of the instrument was intended to be, but may also inquire (Section 33):

A) The age of the parties

B) The financial status of the parties

C) What the instrument was intended to mean and its intended legal consequences

D) The location of the execution

The average score is 2%

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Bar Council Full Model Test 04 English | 100 Marks 60 Min