Bar Council Full Model Test 43 English

Bar Council Full Model Test 43 (English)

Bangladesh Bar Council Preliminary Full Model Test 43

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

Under Section 265L, when a previous conviction is charged, when does the Court take evidence regarding it?

A) After it has convicted the accused under section 265E or 265K

B) During the prosecution's opening statement

C) At the very beginning of the trial

D) It never takes evidence on previous convictions

2 / 100

After the prosecutor sums up his case, who is entitled to reply?

A) The victim

B) The accused or his pleader

C) The media

D) The witnesses

3 / 100

If a person is a minor at the time the right to sue accrues, when can he institute the suit?

A) Within one year of attaining majority

B) Within the same period after the disability has ceased

C) Immediately through a friend only

D) Never

4 / 100

Under Section 265J, when the examination of defence witnesses is complete, who shall sum up the case?

A) The police

B) The prosecutor

C) The accused

D) The Judge

5 / 100

An order passed under Section 104 (read with Order XLIII) is appealable. Can a "Second Appeal" be filed against an appellate order passed under this section?

A) No, Section 104(2) specifically bars a second appeal against an order passed in an appeal

B) Only in property matters

C) Yes, always

D) Yes, with High Court permission

6 / 100

For an offence to be tried summarily under Section 260(1)(a), the maximum imprisonment term prescribed by law must not exceed:

A) 2 years

B) 3 years

C) 1 year

D) 6 months

7 / 100

Under Section 265K, after hearing arguments and points of law, the Court shall:

A) Transfer the case

B) Adjourn indefinitely

C) Give a judgment in the case

D) Order a police reinvestigation

8 / 100

Section 40 allows the Court to cancel an instrument:

A) In part and allow it to stand for the residue

B) Only if it's a will

C) Only if unregistered

D) Only entirely

9 / 100

X and Y agreed to murder Z by poisoning. Y was to procure poison but didn't. X and Y are guilty of:

A) Attempt to murder

B) No offence

C) Abetment of murder by conspiracy (or Criminal Conspiracy).

D) Criminal conspiracy to murder Z. (The key says (a) Abetment by conspiracy, which requires an act/omission in pursuance. If no act was done, it's just Criminal Conspiracy 120B. Transcribing as per key).

10 / 100

A threatens to publish a defamatory libel concerning Z unless Z gives him money. Z complies. A has committed:

A) Defamation

B) Extortion

C) Mischief

D) Criminal intimidation

11 / 100

X, a surgeon, amputates the index finger of Y, a 14-year-old beggar, with Y's consent and in good faith to help Y get more alms.

A) Offence, 14-year-old consent invalid.

B) X is not exempted as the act was not in "good faith" (not for lawful benefit) within the meaning of the Penal Code.

C) No offence, good faith for benefit.

D) No offence, Y consented.

12 / 100

Against which offence does the right of private defence of property extend to causing death?

A) Robbery

B) Theft

C) Criminal misappropriation

D) Criminal trespass

13 / 100

Which order deals specifically with "Suits by or against Military or Naval men or Airmen"?

A) Order XXVII

B) Order XXXII

C) Order XXVIII

D) Order XXX

14 / 100

If a legal representative is also affected by a disability at the date of death, do the rules of Section 6 apply to him?

A) No

B) Yes

C) Only if he is a minor

D) Only if he is insane

15 / 100

Voluntary intoxication:

A) Is a weak defence (or generally no excuse for the commission of an offence, but the key says (b) weak defence. Legally, it's 'no excuse').

B) Reduces gravity.

C) Increases gravity.

D) Is no excuse.

16 / 100

A document required by law to be attested can be proved under section 68 of Evidence Act only

A) all of the above are correct.

B) by calling both the attesting witnesses

C) by calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

D) by calling at least one of the attesting witnesses

17 / 100

X and four associates attempted theft at Y's place, caused hurt to Y, but retreated without booty due to resistance. They are guilty of:

A) Theft

B) Misappropriation

C) Dacoity (Attempted robbery by 5 persons).

D) Robbery

18 / 100

Section 79 of Evidence Act applies to

A) other documents duly certified to be genuine by a Government officer

B) all the above.

C) certified copies issued by a Government officer

D) certificates issued by a Government officer

19 / 100

Order XX, Rule 12A deals with the decree for specific performance of a contract for the sale or lease of immovable property. It directs that the decree shall specify:

A) The period within which the purchase-money or other sum is to be paid by the purchaser or lessee

B) The criminal liability of the defendant

C) The names of the witnesses

D) The lawyer's fees

20 / 100

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

A) 100-year-old

B) 12-year-old

C) 18-year-old

D) 6-year-old

21 / 100

Under the residuary rule for territorial jurisdiction (Section 20), a suit can be instituted where:

A) The defendant actually and voluntarily resides, or carries on business

B) Either A or B

C) The cause of action, wholly or in part, arises

D) The plaintiff decides

22 / 100

To whom are the copies of the Tribunal's orders given free of cost?

A) Both complainant and accused

B) Accused only

C) Attorney General

D) Complainant only

23 / 100

Rescission of a contract in writing cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be:

A) Fined

B) Compensated fully

C) Restored to substantially the same position as if the contract had not been made

D) Arrested

24 / 100

Under Section 15 of the CPC (English), every suit shall be instituted in the Court of the:

A) Lowest grade competent to try it

B) District Judge directly

C) Highest grade competent to try it

D) High Court Division

25 / 100

What is the pupillage duration for LL.M or Barrister-at-Law degree holders?

A) 6 months

B) Exempted

C) 3 months

D) 1 year

26 / 100

A surgeon in good faith tells a patient he cannot live. The patient dies of shock. A is guilty of:

A) Murder

B) Negligence

C) Culpable homicide

D) No offence (Sec 93).

27 / 100

Every person has a right to defend:

A) Own and friends' bodies.

B) Blood relatives' bodies.

C) His own body and the body of any other person against any offence affecting the human body.

D) Own body against any offence.

28 / 100

Who frames the charge in a trial before a Court of Session?

A) The Magistrate who transferred the case

B) The Public Prosecutor

C) The Court

D) The Police

29 / 100

Which of the following is NOT a mode of executing a decree under Section 51?

A) By delivery of any property specifically decreed

B) By attachment and sale

C) By physical torture

D) By arrest and detention in prison

30 / 100

Militants hiding in a house fire at police. Police fire back in self-defence, accidentally killing an innocent person in the house. Police are guilty of:

A) Murder.

B) Negligence.

C) Culpable homicide.

D) No offence (Sec 106).

31 / 100

A discharge under Section 265C occurs BEFORE the charge is framed.

A) True

B) Only in theft cases

C) Only if the accused pleads guilty

D) False

32 / 100

Section 27A regarding part performance applies if the lessee being already in possession continues in possession in part performance and has:

A) Sublet the property

B) Damaged the property

C) Refused to pay rent

D) Done some act in furtherance of the contract

33 / 100

Presumption as to the accuracy of maps & plans made by the authority of Government is contained in

A) section 83 of Evidence Act

B) section 84 of Evidence Act.

C) section 82 of Evidence Act

D) section 81 of Evidence Act

34 / 100

A contracts to sell land to B for 5000 Taka. B takes possession. A sells to C for 6000 Taka. C makes no inquiry. B's possession is sufficient to affect C with:

A) Notice of his interest

B) Trespass charges

C) Criminal liability

D) Defamation

35 / 100

Under Section 202, a Magistrate can direct an investigation by a person who is NOT a police officer. Can this person arrest without a warrant?

A) No

B) Only if the suspect tries to run

C) Only in a murder investigation

D) Yes

36 / 100

Under Section 5, an appeal may be admitted after the period of limitation if the appellant satisfies the Court that:

A) The opposing party agrees

B) He had sufficient cause for not preferring the appeal

C) He was busy with personal work

D) He is willing to pay a penalty

37 / 100

To enforce a decree of specific performance, if the judgment-debtor refuses to execute the required document (like a sale deed), the Court can:

A) Cancel the contract entirely

B) Imprison them for life

C) Execute the document on behalf of the judgment-debtor, which will have the same legal effect

D) Only fine them

38 / 100

A suit for the partition of immovable property must be instituted in the court within whose local limits:

A) The contract was signed

B) The property is situated

C) The defendant resides

D) The plaintiff resides

39 / 100

Public documents are mentioned in

A) section 75 of Evidence Act.

B) section 72 of Evidence Act

C) section 73 of Evidence Act

D) section 74 of Evidence Act

40 / 100

Section 79 of Evidence Act contains

A) no presumption either of fact or law.

B) a rebuttable presumption of law

C) a presumption of fact

D) an irrefutable presumption of law

41 / 100

According to Section 249, stopping proceedings without a judgment has the effect of an acquittal.

A) True, but only in Metro areas

B) True

C) False

D) True, if the police agree

42 / 100

Under Section 265H, an acquittal is recorded when the Court considers there is "no evidence". This happens AFTER:

A) Taking prosecution evidence and examining the accused

B) Both A and B

C) The defence calls its witnesses

D) The charge is framed

43 / 100

The dismissal of a suit for specific performance bars the plaintiff's right to sue for:

A) Compensation for the breach of such contract

B) Rescission

C) Declaratory decree

D) Rectification

44 / 100

Which of the following is considered a legal disability under Section 6?

A) Being a minor, insane, or an idiot

B) Insolvency

C) Poverty

D) Imprisonment

45 / 100

The rule of "Res Sub Judice" under Section 10 of the CPC (English) prohibits the court from:

A) Instituting a new suit

B) Hearing an appeal

C) Passing an ex parte decree

D) Proceeding with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit

46 / 100

Does Section 5 (extension of period) apply to original suits?

A) No, it generally applies to appeals and applications

B) Yes, for property disputes

C) Yes, if the judge allows

D) Yes

47 / 100

Assertion: A instigates B to take Z's property, making B believe it belongs to A. B takes it in good faith. A is guilty of abetment even if B is innocent. Reason: Liability of abettor is not dependent on liability of principal.

A) Both true, R explains A.

B) A is false, R is true.

C) Both true, R doesn't explain.

D) A is true, R is false.

48 / 100

Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authentication by

A) a notary

B) a judge

C) a magistrate

D) all the above.

49 / 100

What is the standard mode of executing a decree for restitution of conjugal rights?

A) Canceling the marriage

B) Attachment of the judgment-debtor's property

C) Immediate imprisonment

D) Forcing the spouse to live together physically

50 / 100

What is the deadline to pay the Annual Fee to the Bar Council?

A) 31-Dec

B) 28-Feb

C) 31-Jan

D) 31-Mar

51 / 100

Can the charge of a previous conviction be read out to the accused BEFORE he is convicted of the main offence?

A) Yes

B) Only if the prosecution demands it

C) No

D) Only if he requests it

52 / 100

What is the quorum for the Executive Committee of the Bar Council?

A) 5 members

B) 3 members

C) 2 members

D) 4 members

53 / 100

What happens if an advocate fails to pay the annual fee on time?

A) Fine

B) 6 months jail

C) Voting right lost/Name suspended

D) Certificate cancelled

54 / 100

If the period of limitation expires on a day when the Court is closed, when can the suit be instituted?

A) The suit becomes barred

B) Within 30 days of re-opening

C) On the day the Court re-opens

D) On the next working day of the following week

55 / 100

Section 47 of the CPC (English) mandates that all questions arising between the parties relating to the execution, discharge, or satisfaction of the decree shall be determined by:

A) The Supreme Court

B) The Court executing the decree and not by a separate suit

C) The Appellate Court

D) Filing a separate new suit

56 / 100

Section 31 deals with the rectification of instruments due to:

A) Death of a party

B) Change of mind

C) Insolvency

D) Fraud or mutual mistake

57 / 100

Maxim 'Omnia proesumuntur rite esse acta' means

A) all acts are presumed to be rightly done

B) all acts are presumed to be not wrongly done.

C) all acts are presumed to be not rightly done

D) all acts are presumed to be wrongly done

58 / 100

Section 414 of the Penal Code deals with assisting in the concealment of stolen property. For this to be tried summarily, the value must not exceed:

A) 50,000 Taka

B) No limit

C) 5 lac taka

D) 5,000 Taka

59 / 100

If a disability continues up to the death of the person, who can institute the suit?

A) No one

B) The Government

C) Any relative

D) His legal representative

60 / 100

A will is required to be proved by calling at least one attesting witness

A) all of the above.

B) when it is unregistered

C) when it is registered

D) when it is admitted

61 / 100

Sections 79 to 85 of Evidence Act contain

A) irrebuttable presumption of law

B) irrebuttable presumptions of facts.

C) presumption of facts

D) rebuttable presumptions of law

62 / 100

According to the Explanation in Section 5, what can be a "sufficient cause"?

A) Lack of funds

B) Being misled by any order, practice, or judgment of the High Court Division

C) Being out of the country on vacation

D) Ignorance of the law

63 / 100

X having sufficient food does not provide it to a beggar who dies of hunger. X is guilty of:

A) No offence (No legal duty).

B) Attempt to murder

C) Death by negligence

D) Murder

64 / 100

"The framing of charges, recording of evidence, examination of the accused, and pronouncement of judgment may be completed in the same session." This special procedure for summary trials is found in:

A) Section 263

B) Section 264A

C) Section 265

D) Section 260

65 / 100

Due execution of a document more than thirty years old coming from proper custody, is a

A) presumption of fact

B) rebuttable presumption of law

C) presumption of fact & law both.

D) irrebuttable presumption of law

66 / 100

A receiver appointed under Order XL is primarily responsible for:

A) The management, protection, preservation, and improvement of the property, the collection of rents/profits, and accounting for them to the court

B) Helping the plaintiff win the case

C) Arresting the defendant

D) Acting as a judge

67 / 100

Public nuisance:

A) Affects life of subjects.

B) Affects a person.

C) Materially affects the reasonable comfort and convenience of life of a class of subjects who come within its sphere/neighborhood.

D) Unlawful interference with land use.

68 / 100

Under Section 35 of the CPC (English), the awarding of "costs" is:

A) Mandatory in favor of the plaintiff

B) Fixed by the government

C) At the discretion of the Court

D) Prohibited in family matters

69 / 100

In a trial by a Magistrate (Chapter XX), if the Magistrate takes evidence and finds the accused guilty, which section dictates he must pass a sentence?

A) Section 245(2)

B) Section 241A

C) Section 242

D) Section 250

70 / 100

For rectifying a contract, the Court must be satisfied that all parties intended to make an:

A) Exact copy

B) Oral commitment

C) Unbreakable bond

D) Equitable and conscientious agreement

71 / 100

Criminal conspiracy is an agreement between two or more persons to:

A) Do an illegal act.

B) Do an act which is illegal by illegal means.

C) Do or cause to be done an illegal act, or an act which is not illegal by illegal means.

D) Commit an offence.

72 / 100

A plaintiff suing for specific performance may pray in the alternative that if the contract cannot be enforced, it may be:

A) Kept pending

B) Modified by the judge

C) Transferred to arbitration

D) Rescinded and delivered up to be cancelled

73 / 100

Principle of 'Omnia proesumuntur rite esse acta' is contained in

A) section 79 of Evidence Act

B) section 80 of Evidence Act

C) section 78 of Evidence Act

D) section 81 of Evidence Act.

74 / 100

Documents which are not covered under section 74 of Evidence Act are called

A) private documents

B) all the above.

C) quasi-public documents

D) semi-public documents

75 / 100

The doctrine of "Res Judicata" (Section 11) applies to:

A) Both the plaintiff and the defendant to prevent multiplicity of proceedings

B) Only the plaintiff

C) Only third parties

D) Only the defendant

76 / 100

Can the prosecution refer to the previous conviction in any adduced evidence BEFORE the accused is convicted of the main offence?

A) Yes

B) No

C) Only in murder cases

D) Only if the judge allows it

77 / 100

Under Section 75, the Court has the power to issue a commission for all the following purposes, EXCEPT:

A) To examine any person

B) To make a partition

C) To make a local investigation

D) To arrest the defendant

78 / 100

Under Order XXI, Rule 41, an executing court can order the judgment-debtor to file an affidavit stating:

A) Their criminal history

B) The particulars of their assets (to discover property liable to be attached)

C) Their political beliefs

D) Their daily routine

79 / 100

The calling of at least one attesting witness to prove a document under section 68 is not necessary

A) when the document including Will is registered under the Bangladeshi Registration Act, 1908

B) when the document other than a will is registered under the Bangladeshi Registration Act

C) when the document irrespective of whether it is a Will, is registered under the Bangladeshi Registration Act, 1908

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

80 / 100

Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of

A) maps & plans made by the authority of Government

B) both (a) & (b) above

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

D) maps & plans made by private persons

81 / 100

In an appealable summary trial, the judgment embodying the substance of evidence is required by which section?

A) Section 264

B) Section 262

C) Section 265

D) Section 263

82 / 100

Against a company being wound up by the Court, when is a claim considered instituted?

A) When the court acknowledges the claim

B) When the company assets are sold

C) When the claimant first sends in his claim to the official liquidator

D) When the winding-up order is passed

83 / 100

A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it. A has committed:

A) Robbery

B) Theft

C) Extortion

D) Dacoity

84 / 100

Under Section 55, when a judgment-debtor is arrested in execution of a money decree and brought before the Court, the Court shall inform him that he may:

A) Apply to be declared an insolvent

B) Leave the country

C) Appeal the original decree immediately

D) Transfer his property to his wife

85 / 100

The phrase "Ubi jus ibi remedium" (where there is a right, there is a remedy) forms the basis of which section that gives Civil Courts the jurisdiction to try all suits of a civil nature?

A) Section 151

B) Section 11

C) Section 10

D) Section 9

86 / 100

Good faith' within the meaning of the Penal Code means an act done:

A) With due care and attention.

B) Honestly.

C) With actual belief it is lawful.

D) Under bona fide belief.

87 / 100

Consider statements: 1. In conspiracy, the combination is unlawful. 2. If combination is absent, motive is immaterial. 3. Combination for legitimate promotion of interests gives no cause of action.

A) 1 and 3

B) 1 and 2

C) 1, 2 and 3.

D) 2 and 3

88 / 100

Y owed money to X. X took Y's grazing bullock and kept it, telling Y he'd release it when paid. X is guilty of:

A) Criminal breach of trust.

B) Extortion.

C) Theft (Taking property out of possession without consent to coerce payment).

D) Criminal misappropriation.

89 / 100

Admissibility of electronic record has been prescribed under

A) section 65B of Evidence Act

B) section 66 of Evidence Act.

C) section 65 of Evidence Act

D) section 65A of Evidence Act

90 / 100

Match: A. Delivery of property, B. Taking property, C. Entrustment, D. Convertibility innocently got.

A) 3, 1, 2, 4

B) 3, 4, 1, 2

C) 4, 2, 3, 1

D) A-4 (Extortion), B-3 (Theft), C-1 (Criminal Breach of Trust), D-2 (Criminal Misappropriation).

91 / 100

If a court passes a decree that it inherently lacked the jurisdiction to pass (e.g., a Small Causes Court passing a decree for specific performance), the decree is:

A) Valid until appealed

B) Void and a nullity (coram non judice)

C) Voidable by the plaintiff

D) An irregularity that can be cured by consent

92 / 100

Under Section 265E, conviction on a plea of guilty in a Sessions Court is:

A) Prohibited

B) Discretionary ("may, in its discretion, convict")

C) Mandatory

D) Left to the jury

93 / 100

In Section 250, if a person ordered to pay compensation defaults and goes to jail, does his civil liability for the false complaint disappear?

A) No

B) Only if he stays in jail for 30 days

C) Only if the Magistrate allows it

D) Yes

94 / 100

Any person against whom a written instrument is void or voidable may sue to have it adjudged void or voidable if he has reasonable apprehension of:

A) Slight delay

B) Serious injury

C) Minor monetary loss

D) Social embarrassment

95 / 100

If a complaint is dismissed under Section 203, what must the Magistrate briefly record?

A) The entire evidence

B) The police report in full

C) His reasons for so doing

D) The complainant's family history

96 / 100

Specific performance cannot be enforced against a party if his assent was given under the influence of mistake of fact, misapprehension, or:

A) Greed

B) Surprise

C) Anger

D) Poverty

97 / 100

X sees Z committing what appears to be murder. X, in good faith, seizes Z to hand him over. Z was actually acting in self-defence. X is guilty of:

A) No offence (Mistake of fact, Sec 79).

B) Assault

C) Wrongful confinement

D) Wrongful restraint

98 / 100

If a person is affected by two disabilities when the time is to be reckoned, when does the time run?

A) The court decides

B) Time does not stop for two disabilities

C) After the first disability ceases

D) After both disabilities have ceased

99 / 100

If a point of law is raised by the accused or his pleader during arguments, the prosecution may make submissions regarding it:

A) With the permission of the Court

B) Only in the High Court

C) By filing a writ

D) Without asking anyone

100 / 100

A "Review" of a judgment (Order XLVII) is fundamentally different from an "Appeal" because:

A) Review is heard by the Supreme Court

B) Review does not require court fees

C) Review is filed before the SAME judge/court that passed the judgment, whereas an appeal goes to a higher court

D) Review is only for criminal cases

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Bar Council Full Model Test 43 English | 100 Marks 60 Min