Bar Council Full Model Test 42 English

Bar Council Full Model Test 42 (English)

Bangladesh Bar Council Preliminary Full Model Test 42

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 contracts to sell a house and garden. He fells the ornamental trees without consent. A cannot enforce specific performance because he has:

A) Acted as a trustee

B) Committed theft

C) Increased the property value

D) Violated an essential term of the contract

2 / 100

When is a suit instituted in the case of a pauper?

A) When his application for leave to sue as a pauper is made

B) When the defendant appears

C) When the court grants leave

D) When the plaint is presented

3 / 100

If the accused puts in any written statement during his defence (Section 265-I), the Court shall:

A) Read it to the media

B) Send it to the police

C) File it with the record

D) Reject it

4 / 100

Under Section 2(11), which of the following is NOT a "trustee"?

A) A benamider

B) A manager of a religious endowment

C) A legally appointed guardian

D) An express trustee

5 / 100

According to Section 2(10), "suit" does not include:

A) An appeal or application

B) A civil proceeding

C) A trial

D) A plaint

6 / 100

Oral evidence under section 60 of Evidence Act may be

A) both (a) & (b)

B) hearsay

C) either (a) or (b).

D) direct only

7 / 100

A decree passed against a minor where no guardian ad litem was appointed is generally:

A) Void ab initio (nullity) against the minor

B) Valid if the minor was rich

C) Voidable at the option of the plaintiff

D) Valid

8 / 100

Which correctly defines murder (under Clause 4)?

A) Knowledge that act is likely to cause death.

B) Death under provocation.

C) Intent to cause bodily injury likely to cause death.

D) Death caused by an act done with intention of causing bodily injury sufficient in ordinary course of nature to cause death.

9 / 100

Facts which need not be proved by the parties include

A) both (a) & (b)

B) facts which have been admitted by the parties at or before the hearing

C) facts of which judicial notice has to be taken

D) neither (a) nor (b).

10 / 100

Preparation is not punishable generally because:

A) Absence of intention

B) There can be chances of change of mind (locus poenitentiae) before the commission.

C) No nexus

D) Absence of attempt

11 / 100

According to Section 2(8), "plaintiff" includes:

A) The court clerk

B) Only the person filing the suit

C) Any person from or through whom a plaintiff derives his right to sue

D) The defendant

12 / 100

Under Section 265C, if the Court considers there is NO sufficient ground for proceeding against the accused, it shall:

A) Discharge the accused and record reasons for doing so

B) Transfer the case to a Magistrate

C) Order a police inquiry

D) Fine the accused

13 / 100

A "Precept" under Section 46 of the CPC (English) is:

A) An order from one court to another to attach the property of a judgment-debtor located in the latter's jurisdiction

B) A warning to a witness

C) A moral lesson given by the judge

D) An order to dismiss a suit

14 / 100

"Pauper" or Indigent person means a person who:

A) Does not have a bank account

B) Is a minor

C) Is a foreigner

D) Is not possessed of sufficient means (other than exempt property) to pay the prescribed court fee

15 / 100

Under Section 265F, on whose application may the Court issue process to compel attendance of witnesses?

A) The media

B) The police

C) The general public

D) The prosecution

16 / 100

A cuts down a tree on B's land to dishonestly take it without consent. A commits:

A) Theft as soon as the tree is severed.

B) Criminal breach of trust.

C) No offence until taken away.

D) Criminal misappropriation.

17 / 100

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

A) Contract signing

B) Court fees

C) Alleged breach of contract

D) Registration costs

18 / 100

An employer deducts PF contributions from employees' salaries but fails to credit them to the fund. He commits:

A) Criminal breach of trust

B) Theft

C) Criminal misappropriation

D) Cheating

19 / 100

Specific performance may be enforced against any person claiming under a title arising subsequently to the contract, EXCEPT:

A) A family member

B) A tenant

C) A transferee for value who paid in good faith and without notice

D) A business partner

20 / 100

Under Order XXXIX, Rule 2A (or relevant rule), disobedience of an injunction can lead to attachment of property. How long can this attachment remain in force maximum?

A) 6 months

B) 5 years

C) 1 year

D) 1 month

21 / 100

The primary difference between Res Judicata (Sec 11) and Order II, Rule 2 is that Res Judicata bars a second suit on the same 'issue' that was decided, while Order II, Rule 2 bars a second suit on the same:

A) Property

B) Court

C) Defendant

D) Cause of Action

22 / 100

In ordinary cases, when is a suit instituted?

A) When the defendant is served a notice

B) When court fees are paid

C) When the judge hears the case

D) When the plaint is presented to the proper officer

23 / 100

Order XXI, Rule 64 gives the executing court the power to sell:

A) The judgment-debtor's clothes and tools of trade

B) Only movable property

C) Only such attached property as may be necessary to satisfy the decree

D) Any property in the country

24 / 100

A contracts to sell 100 maunds of rice to B. B sues for specific performance. The Court decides specific performance is not proper but awards B compensation. This illustrates:

A) Section 12

B) Section 21

C) Section 24

D) Section 19 (second paragraph)

25 / 100

Under Section 265D, if the Court thinks there is ground for presuming the accused committed an offence, it shall:

A) Send him to a Magistrate

B) Convict him immediately

C) Frame in writing a charge against the accused

D) Deny him bail forever

26 / 100

The court may in its discretion call for proving the facts

A) both (a) & (b)

B) which have been admitted otherwise than such admissions

C) neither (a) nor (b).

D) of which judicial notice has to be taken

27 / 100

A took away three cows of B without consent and distributed them to B's creditors. A is:

A) Not guilty of theft.

B) Guilty of extortion.

C) Guilty of theft (Causing wrongful loss to B is sufficient, even if A had no wrongful gain).

D) Guilty of misappropriation.

28 / 100

Under Section 26(b), a plaintiff cannot obtain specific performance without variation if the defendant entered into the contract under a reasonable misapprehension as to its effect due to:

A) Fraud, mistake of fact, or surprise

B) Intoxication

C) Lack of legal advice

D) Coercion

29 / 100

The Court can refuse the accused's application to compel witness attendance if it considers it is made for the purpose of:

A) Vexation, delay, or defeating the ends of justice

B) Helping the prosecution

C) Speeding up the trial

D) Proving his innocence

30 / 100

Property that CANNOT be attached in execution of a decree under Section 60 includes:

A) Necessary wearing apparel, cooking vessels, and tools of artisans

B) Commercial buildings

C) Empty lands

D) Bank accounts

31 / 100

During the prosecution's evidence stage (Section 265G), the Court may permit the cross-examination of a witness to be:

A) Handled by the police

B) Done in writing only

C) Skipped entirely

D) Deferred until other witnesses have been examined

32 / 100

An instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight is a:

A) Bill of exchange

B) Promissory note

C) Cheque

D) Bond

33 / 100

What is the accused asked after the charge is read and explained to him (Section 265D)?

A) Whether he has any complaints against the police

B) Whether he pleads guilty of the offence charged or claims to be tried

C) Whether he wants to pay a fine

D) Whether he likes the judge

34 / 100

Contents of a document under section 59 of Evidence Act

A) can only be proved by oral evidence under the order of the court.

B) may or may not be proved by oral evidence

C) can be proved by oral evidence

D) can not be proved by oral evidence

35 / 100

Under Section 265G, on the fixed date, the Court shall proceed to take all such evidence as may be produced in support of:

A) The Government

B) The prosecution

C) The defence

D) The Magistrate

36 / 100

Facts of which the judicial notice is to be taken are stated in

A) section 58 of Evidence Act

B) section 56 of Evidence Act

C) section 57 of Evidence Act

D) section 55 of Evidence Act.

37 / 100

How many years of judicial service exempt a person from pupillage?

A) 5 years

B) 10 years

C) 7 years

D) 12 years

38 / 100

Match: A. Dishonestly taking property, B. Inducing delivery, C. Entrustment, D. Appropriating as bailee.

A) 2, 3, 4, 1

B) A-4 (Theft), B-2 (Extortion), C-1 (Criminal Breach of Trust), D-3 (Misappropriation/CBT depending on context, key says 3).

C) 1, 2, 3, 4

D) 3, 4, 1, 2

39 / 100

X and Y agree to commit theft in Z's house, but no theft is actually committed. They are guilty of:

A) Abetment by instigation

B) Abetment by conspiracy

C) Criminal conspiracy

D) No offence

40 / 100

What is the consequence of instituting a suit after the prescribed period of limitation?

A) It shall be dismissed

B) It depends on the defendant's plea

C) It shall be stayed

D) It shall be accepted with a fine

41 / 100

An order returning a plaint under Order VII, Rule 10 is:

A) Not appealable

B) A final judgment

C) A decree

D) An appealable order

42 / 100

If a Bench differs in opinion during a summary trial, what can a dissentient member do?

A) Veto the decision

B) Walk out of court

C) Appeal to the High Court directly

D) Write a separate judgment

43 / 100

List of facts of which the judicial notice has to be taken under section 57 of Evidence Act

A) is both (a) & (b)

B) is exhaustive

C) is illustrative only

D) is neither (a) nor (b).

44 / 100

The jurisdiction to decree specific performance under Section 22 is capable of correction by:

A) The Supreme Court only

B) The Law Ministry

C) A Court of appeal

D) The Bar Council

45 / 100

The general remedy in the law of tort is:

A) Action for damages

B) Action for injunction

C) Specific restitution

D) Action for unliquidated damages.

46 / 100

The term "Caveat" under Section 148A of the CPC (English) allows a person to:

A) Claim property before someone else does

B) Lodge a formal notice in court that no ex parte interim order should be passed against them without giving them a notice of hearing

C) Arrest a debtor

D) Withdraw a suit secretly

47 / 100

A instigates his 6-year-old daughter B to take C's purse.

A) B does not commit any offence (due to infancy), but A commits abetment of theft.

B) B commits theft, A abets.

C) Both commit no offence.

D) A commits no offence, B commits theft.

48 / 100

Under Section 265B, how does the prosecutor open his case?

A) By describing the charge and stating by what evidence he proposes to prove guilt

B) By calling the first witness

C) By reading the entire police diary

D) By asking the accused to confess

49 / 100

Secondary evidence is admissible

A) irrespective of whether the non-production of primary evidence has been accounted for or not

B) where the non-production of primary evidence has been accounted for

C) both (a) & (c) are correct.

D) where the non-production of primary evidence has not been accounted for

50 / 100

Under Section 23(h), when promoters of a public company have entered into a contract for the purposes of the company before its incorporation, who may obtain specific performance?

A) The company (if warranted by incorporation terms)

B) The creditors

C) Any shareholder

D) Only the promoters

51 / 100

In a suit by or against a Corporation (Order XXIX), the summons may be served on:

A) The Secretary, Director, or other principal officer of the corporation

B) The local municipal office

C) The security guard

D) Any random employee

52 / 100

Under Section 264A, the framing of charges, recording of evidence, and judgment in a summary trial may be completed:

A) Over 6 months

B) In the same session at any place within the jurisdiction of the Court

C) Only in the capital

D) Only via video link

53 / 100

A drops a child from a burning house to people holding a blanket, intending in good faith to save the child. The child dies from the fall. A commits:

A) Murder

B) Culpable homicide not amounting to murder

C) Culpable homicide as an exception

D) No offence (Section 92).

54 / 100

Oral account of the contents of a document is admissible

A) when given by a person to whom the document was read over

B) when given by a person who has seen but not read the document

C) when given by a person who has seen & read the document

D) when given by any of the above.

55 / 100

Propositions under Evidence Act are I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue. II. In criminal cases, the evidence of good character is admissible generally. III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue. IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given. In relation to the above propositions which of the following is correct statement

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

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

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

D) all the four (I, II, III & IV) are correct

56 / 100

If the accused refuses to plead or claims to be tried (Section 265F), the Court shall:

A) Dismiss the case

B) Arrest his lawyer

C) Fix a date for the examination of witnesses

D) Assume he is guilty

57 / 100

In suits involving a Public Nuisance, a suit for declaration and injunction can be instituted by the Attorney General, or by:

A) Any single individual without permission

B) The local police

C) Two or more persons, with the leave of the Court

D) The Prime Minister

58 / 100

What is the effect of an order rejecting a plaint under Order VII, Rule 11?

A) It sends the plaintiff to jail

B) It cannot be appealed

C) It operates as res judicata

D) It amounts to a decree (Sec 2(2)), but does not bar a fresh suit on the same cause of action (O.7 R.13)

59 / 100

Under Section 265H, if after taking prosecution evidence, examining the accused, and hearing arguments, the Court considers there is NO evidence that the accused committed the offence, it shall:

A) Wait for 6 months

B) Ask the accused to prove his innocence

C) Order a new investigation

D) Record an order of acquittal

60 / 100

A contracts to marry B. This contract:

A) Requires a mandatory injunction

B) Is enforceable if a dowry was paid

C) Cannot be specifically enforced

D) Is specifically enforceable under civil law

61 / 100

A police constable used third-degree measures on a person under orders of his superior, resulting in loss of an eye. Which is a ground for defence?

A) Torture committed on account of fear of instant death (Compulsion under Sec 94).

B) Fear of suspension.

C) Fear of losing job.

D) Order of superior (illegal orders are no defence).

62 / 100

Under Section 2(7), nothing shall be deemed to be done in "good faith" which is not done with:

A) Proper documentation

B) Legal consultation

C) Due care and attention

D) Honest intentions

63 / 100

Consider statements: 1. Sec 34 requires 2 persons, Sec 149 requires 5. 2. Sec 34 requires common intention, Sec 149 common object. 3. Both require prior consent. 4. Both create specific offences. Which are correct?

A) 2 and 4

B) 1 and 2

C) 1 and 3

D) 2 and 3

64 / 100

How many years of experience must a senior advocate have to take on a pupil?

A) 5 years

B) 10 years

C) 12 years

D) 7 years

65 / 100

The Government may authorize a Bench of Magistrates empowered to try offences summarily to prepare records by means of:

A) An officer (clerk) appointed in this behalf

B) The police

C) A voice recorder

D) The complainant

66 / 100

What is the pass mark for the MCQ phase of the Advocate Enrollment Exam?

A) 60

B) 50

C) 40

D) 45

67 / 100

Culpable homicide is not murder if:

A) Offender loses control by sought provocation.

B) Offender exceeds legal powers with ill-will.

C) Death caused through provocation by public servant.

D) The victim, being above 18, takes the risk of death with his own consent.

68 / 100

A inserts his hand into B's pocket to steal, but finds it empty. A is guilty of:

A) Mischief.

B) No offence.

C) Abetment of theft.

D) Attempt to commit theft.

69 / 100

Which is punishable as sedition?

A) Publicist attack on policies.

B) Bitter criticism to overthrow.

C) Inducing people to cease to obey law and lawful authority (by exciting disaffection).

D) Attempt to remove ministers.

70 / 100

After framing the charge in a Sessions Court, the charge shall be:

A) Read and explained to the accused

B) Published in a newspaper

C) Sent to the High Court

D) Kept in a sealed envelope

71 / 100

An application for the execution of a decree must generally be filed within how many years for it not to be time-barred (under the Limitation Act)?

A) 20 years

B) 1 year

C) 3 years

D) 12 years (for most decrees)

72 / 100

How many times can a candidate appear for the viva-voce after passing the written exam?

A) 3 times

B) 1 time

C) Unlimited

D) 2 times

73 / 100

When the Appellate Court reverses the decree of the trial court, the party who was deprived of a benefit by the trial court's erroneous decree is entitled to be restored to their original position. This principle is called:

A) Restitution (Section 144)

B) Res Judicata

C) Estoppel

D) Subrogation

74 / 100

An application to sue as an indigent person (pauper) must be presented:

A) By the local UP Chairman

B) By mail

C) Only by a registered pleader

D) By the applicant in person, unless exempted by the court, then by an authorized agent

75 / 100

Conclusion from 'de minimis non curat lex':

A) Everyone liable for own acts

B) Child under 9 commits no offence

C) Trifling acts do not constitute an offence.

D) Necessity knows no law

76 / 100

Contents of a document may be proved under section 61 of Evidence Act

A) either by primary or by secondary evidence

B) by primary evidence

C) only by primary evidence & not by secondary evidence.

D) by secondary evidence

77 / 100

Secondary evidence of a document is admissible as a substitute for

A) admissible primary evidence

B) both (a) & (b) are correct.

C) inadmissible primary evidence under certain circumstances

D) inadmissible primary evidence under all the circumstances

78 / 100

If the accused pleads guilty (Section 265E), the Court:

A) Must order a full trial anyway

B) Shall record the plea and may, in its discretion, convict him thereon

C) Must acquit him

D) Must sentence him to death

79 / 100

Under Section 265-I, if the accused is NOT acquitted under 265H, what is he called upon to do?

A) Go to jail

B) Pay a fine

C) Confess

D) Enter on his defence and adduce any evidence he may have

80 / 100

The relationship in section 50 of Evidence Act means

A) only (a) and not (b) & (c).

B) relationship by blood or marriage

C) relationship by blood only

D) relationship by blood or marriage or adoption

81 / 100

To claim benefit of Section 84 (Insanity), it must be proved the accused was incapable of knowing:

A) 3 and 4.

B) 2 and 3.

C) 1 (Nature of the act) and 2 (That the act is wrong or contrary to law).

D) 1 (Nature of act) and 4.

82 / 100

Before discharging an accused under Section 265C, the Court must hear the submissions of:

A) The media

B) Only the prosecution

C) The victim's family

D) The accused and the prosecution

83 / 100

If the defense does not set up limitation as a defense, what must the court do to a time-barred suit?

A) Ask the plaintiff for an explanation

B) Issue a show-cause notice

C) Dismiss it

D) Accept it

84 / 100

If an appellant dies during the pendency of an appeal, the rules regarding abatement apply similarly as they do in original suits under which Order?

A) Order I

B) Order XL

C) Order XXII

D) Order IX

85 / 100

Secondary evidence of a document means

A) oral account of the contents of the documents

B) both (a) & (b)

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

D) copies of that document

86 / 100

"Constructive Res Judicata" means:

A) An ex parte decree

B) An issue actually decided

C) A case withdrawn by consent

D) An issue which might and ought to have been made a ground of defence or attack in the former suit, shall be deemed to have been a matter directly and substantially in issue in such suit

87 / 100

Order VIII, Rule 5 states that allegations of fact in a plaint, if not specifically denied, are deemed admitted. However, this rule does NOT strictly apply against:

A) A person under a disability (e.g., a minor or person of unsound mind)

B) A foreign citizen

C) A rich defendant

D) A corporation

88 / 100

A plaintiff wishes to withdraw a suit because the parties have compromised out of court. Which provision applies?

A) Order IX, Rule 4

B) Order I, Rule 10

C) Order XXIII, Rule 1

D) Order XVII, Rule 3

89 / 100

Is a wrong-doer in possession without title considered a "trustee" under the Act?

A) Yes, always

B) Yes, if possession is over 12 years

C) Depends on the court's discretion

D) No

90 / 100

What is the maximum number of pupils a senior advocate can take at the same time?

A) 2

B) 3

C) 4

D) 5

91 / 100

Under Order XLI, Rule 33, the Appellate Court has the sweeping power to pass any decree which ought to have been passed, even in favor of a party who has NOT filed an appeal or cross-objection. This is known as:

A) The power under Order XLI, Rule 33

B) The doctrine of ultra vires

C) The rule of absolute power

D) Res sub judice

92 / 100

The circumstances under which the secondary evidence is admissible have been enumerated in

A) section 64 of Evidence Act

B) section 63 of Evidence Act

C) section 65 of Evidence Act

D) section 66 of Evidence Act.

93 / 100

According to Section 265, records and judgments of summary trials shall be written in:

A) Arabic

B) Only English

C) English or the language of the Court (or mother-tongue if directed)

D) Only Bengali

94 / 100

Opinion as to relationship of marriage under section 50 of CPC

A) is admissible in cases of offences against marriage

B) is neither admissible in cases of offences against marriage nor in proceedings under Bangladeshi Divorce Act

C) is admissible both in (a) & (b)

D) is admissible in proceedings under Bangladeshi Divorce Act

95 / 100

Section 21A requires the contract for sale of immovable property to be in writing and registered, whether or not the transferee has:

A) Seen the property

B) Taken possession of the property or any part thereof

C) Applied for mutation

D) Paid the full amount

96 / 100

Distinction between Section 34 and 149:

A) Sec 34 creates specific offence, 149 does not

B) Neither creates specific offences

C) Sec 149 creates a specific offence whereas Sec 34 does not

D) Both create specific offences

97 / 100

Which statement correctly defines abetment (by aiding)?

A) Wilful misrepresentation.

B) The abettor has intentionally aided the principal accused in the commission of the offence.

C) Principal must have same intention.

D) Liability dependent on principal.

98 / 100

Z takes his wife's gold chain (given by her father) without her consent and pledges it for domestic use. Z is:

A) Guilty of theft.

B) Not guilty, joint property.

C) Guilty of misappropriation.

D) Not guilty, temporary taking.

99 / 100

According to Section 265A, in every trial before a Court of Session, the prosecution shall be conducted by:

A) The complainant's personal lawyer

B) The investigating officer

C) A police inspector

D) A Public Prosecutor

100 / 100

A contracts to execute certain works which the Court cannot superintend. Under Section 21, this contract:

A) Requires government supervision

B) Cannot be specifically enforced

C) Must be performed

D) Is void ab initio

The average score is 0%

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Bar Council Full Model Test 42 English | 100 Marks 60 Min