Bar Council Full Model Test 44 English

Bar Council Full Model Test 44 (English)

Bangladesh Bar Council Preliminary Full Model Test 44

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

(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 both insanity and minority cease

C) From the date of accruer

D) When minority ceases

2 / 100

What is the quorum for the Enrollment Committee?

A) 4 members

B) 2 members

C) 3 members

D) 5 members

3 / 100

A decree must explicitly specify the:

A) Questions asked in cross-examination

B) Entire testimony of the witnesses

C) Emotions of the parties

D) Relief granted or other determination of the suit

4 / 100

Section 152 allows for the correction of:

A) Jurisdictional limits

B) Wrong appreciation of evidence

C) Clerical or arithmetical mistakes in judgments, decrees, or orders arising from any accidental slip or omission

D) Substantive legal errors in a judgment

5 / 100

In a trial by Magistrate, if the accused does not admit the charge, the Magistrate must take evidence (Sec 244). In a Sessions trial, the equivalent stage of fixing a date for prosecution evidence is under:

A) Section 265F

B) Section 265C

C) Section 265K

D) Section 265A

6 / 100

Section 92 of Evidence Act is applicable to

A) disputes between a party to the instrument and a stranger

B) disputes between two strangers where the document is in question

C) disputes between the parties to the instrument only

D) all the above.

7 / 100

Section 90 of Evidence Act applies to

A) both testamentary and non-testamentary documents

B) none of the above.

C) non-testamentary documents

D) testamentary documents

8 / 100

Presumption as to the genuineness of gazettes in electronic form has been dealt with under

A) section 90A of Evidence Act

B) section 81 A of Evidence Act.

C) section 88A of Evidence Act

D) section 73A of Evidence Act.

9 / 100

Section 366 of the CrPC mandates that the judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in:

A) Open Court

B) A closed-door meeting

C) The Judge's private chambers

D) The police station

10 / 100

A perpetual injunction is granted by:

A) An arbitrator

B) An interim application

C) The decree made at the hearing and upon the merits

D) A police magistrate

11 / 100

Which Act amended Section 100, 166, 326, and 354 of the Bangladesh Penal Code?

A) Criminal Law (Amendment) Act, 2008

B) Criminal Law (Amendment) Act, 2013

C) Information Technology Act, 2008

D) Bangladesh Evidence Act

12 / 100

If a complainant withdraws his complaint under Section 248, the accused is:

A) Fined

B) Discharged

C) Acquitted

D) Kept on probation

13 / 100

Conspiracy to wage war against the Government of Bangladesh is an offence under which section of the Penal Code?

A) Section 120B

B) Section 124A

C) Section 121A

D) Section 120A

14 / 100

An injunction may be granted to prevent an invasion of property where the invasion is such that pecuniary compensation would not afford:

A) Any relief

B) Punitive damages

C) Speedy justice

D) Adequate relief

15 / 100

Section 91 of Evidence Act

A) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence

B) prohibits admission of oral evidence as to the existence or non-existence of a factum and also the terms of the factum if in existence

C) both (a) & (c).

D) prohibits admission of oral evidence as to the existence or non-existence of a factum

16 / 100

Which law is applicable to the judicial proceedings of the Bar Council Tribunal?

A) Specific Relief Act

B) Evidence Act, 1872

C) CrPC

D) Limitation Act

17 / 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) Three years

B) One year

C) Twelve years

D) Two years

18 / 100

An order allowing or refusing the amendment of pleadings under Order VI, Rule 17 is generally:

A) A final judgment

B) A decree

C) An interlocutory order, generally subject to revision rather than direct appeal

D) An original suit

19 / 100

The Bangladesh Penal Code is divided into:

A) None of the above.

B) XXIXI Chapters & 511 Sections.

C) XXIX Chapters & 501 Sections.

D) XXIII Chapters & 511 Sections.

20 / 100

The principle of volenti non fit injuria is provided in which sections of the Penal Code?

A) Sections 87, 88, 89

B) Sections 95, 96, 97

C) Sections 90, 91, 92

D) Sections 80, 81, 82

21 / 100

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

A) Death resets it

B) The court can pause it anytime

C) A subsequent disability stops it

D) No subsequent disability or inability to sue stops it

22 / 100

Which section of the CrPC deals with the "Compounding of Offences" (আপস-মীমাংসা)?

A) Section 417

B) Section 345

C) Section 498

D) Section 154

23 / 100

Under Section 96(3), no appeal shall lie from a decree passed by the Court:

A) With the consent of parties

B) In a partition suit

C) Ex parte

D) Against a minor

24 / 100

Restitution under Section 144 is granted when a decree is reversed or varied in appeal. The application for restitution must be made to:

A) The Court which passed the decree of the first instance

B) The Appellate Court

C) The local police

D) The Supreme Court

25 / 100

A decree under Chapter VI (Declaratory Decrees) is binding on:

A) Only the parties to the suit, persons claiming through them, and trustees

B) Everyone globally

C) The government

D) Witnesses

26 / 100

Under Order XXI, Rule 32, if a party willfully disobeys a decree for specific performance of a contract, the decree can be executed by:

A) Ordering a retrial

B) Attachment of his property or detention in the civil prison, or both

C) Forgiving the defendant

D) Canceling the contract

27 / 100

For abetment by conspiracy:

A) Mere agreement is enough.

B) Intentional aid is required.

C) Some act or illegal omission must take place in pursuance of the engagement.

D) Instigation is required.

28 / 100

For the purpose of Section 54, a trademark is considered:

A) Public domain

B) Property

C) Invalid

D) Personal right

29 / 100

Order IX, Rule 13 allows a defendant to apply to set aside an ex parte decree. Generally, under the Limitation Act (Art. 164), what is the time limit for making this application from the date of the decree or knowledge of it?

A) 60 days

B) 15 days

C) 90 days

D) 30 days

30 / 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

31 / 100

"Issues" under Order XIV are framed based on:

A) The arguments of the lawyers

B) Police investigation

C) Newspaper reports

D) Material propositions of fact or law affirmed by one party and denied by the other

32 / 100

Injunctions may be granted to prevent the breach of an obligation. If the obligation arises from contract, the Court is guided by:

A) Chapter IV

B) Chapter III

C) Chapter I

D) Chapter II (Specific Performance)

33 / 100

Which section of the CrPC incorporates the principle of 'Double Jeopardy' (Autrefois acquit and Autrefois convict)?

A) Section 342

B) Section 561A

C) Section 497

D) Section 403

34 / 100

The principle of de minimus non curat lex is provided in which section of the Penal Code?

A) Section 95

B) Section 90

C) Section 92

D) Section 100

35 / 100

How many years of practice are required to practice in the Appellate Division of the Supreme Court?

A) 10 years

B) 5 years

C) 12 years

D) 7 years

36 / 100

Period of thirty years under section 90 of Evidence Act is to be reckoned from

A) the date on which the document is filed in the court

B) all the above.

C) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

D) the date on which the document is relied upon

37 / 100

Oral evidence of a fact invalidating the document is admissible

A) under proviso 1 to section 92 of Evidence Act

B) under proviso 6 to section 92 of Evidence Act.

C) under proviso 2 to section 92 of Evidence Act

D) under proviso 4 to section 92 of Evidence Act

38 / 100

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

A) Immediately

B) After 12 years

C) Only against the capable persons

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

39 / 100

What does insanity as a defence mean?

A) The person acted under grave provocation

B) The person was intoxicated

C) The person is incapable of knowing the nature of the act due to unsoundness of mind

D) The person is highly stressed

40 / 100

Who prepared the draft of the Penal Code?

A) Lord Macaulay

B) Pollock

C) Lord Denning

D) Lord Chelmsford

41 / 100

Is there criminal liability for abetment if the act abetted is only a moral wrong?

A) Yes, under Section 34

B) Yes, always

C) Yes, if it leads to public nuisance

D) No, there is no criminal liability

42 / 100

The jurisdiction to try a person for an offence depends upon, under the General Principle of Criminal Law:

A) Nationality

B) None of these

C) Place where found

D) Place of commission of crime, within local area of such jurisdiction (Territorial principle).

43 / 100

The appointment of a receiver under Section 44 is:

A) Forbidden

B) Mandatory

C) Discretionary

D) Decided by the jury

44 / 100

Mandatory injunctions under Section 55 are used to:

A) Cancel contracts

B) Stop all activities

C) Compel the performance of certain requisite acts

D) Issue arrest warrants

45 / 100

To claim the defence of insanity, the person must be incapable of knowing that his act is:

A) Morally accepted

B) Unpopular

C) Wrong or contrary to law

D) Against religious beliefs

46 / 100

Section 91 of Evidence Act applies to documents which are

A) tripartite

B) all the above.

C) unilateral

D) bilateral

47 / 100

Section 10 deals with suits against:

A) Government officials

B) Express trustees and their representatives

C) Minors

D) Foreigners

48 / 100

In cases of Wills, the period of thirty years shall run

A) from the date of registration of the Will, if registered

B) from the date of the death of the testator

C) either (a) or (b).

D) from the date of the will

49 / 100

Is an oath administered to the accused when he is examined by the Court under Section 342 of the CrPC?

A) Yes, always

B) Yes, if the prosecution demands it

C) No, no oath shall be administered to the accused

D) Only in the Sessions Court

50 / 100

The Bangladesh Penal Code came into effect from:

A) 6th October, 1860 (Enactment date; came into operation Jan 1, 1862. Key says (c)).

B) 1st June, 1860

C) 1st August, 1860

D) None of the above.

51 / 100

Revisional Jurisdiction (Section 115) is exercised by the High Court Division (or District Judge) primarily to correct:

A) Jurisdictional errors, illegality, or material irregularity committed by a subordinate court

B) Questions of fact

C) Spelling errors in the plaint

D) Clerical mistakes only

52 / 100

Can a Magistrate of the 1st class stop proceedings under Section 249 without the previous sanction of the Chief Judicial Magistrate?

A) Only if the police request it

B) No, he needs sanction

C) Yes, he has independent power to do so

D) Only in bailable offences

53 / 100

When is the offence of abetment considered complete?

A) When the abettor has incited another person to commit an offence

B) When the crime is fully executed

C) When the police register an FIR

D) When the victim suffers harm

54 / 100

According to Section 342 of the CrPC, for what purpose does the Court examine the accused without previously warning him?

A) To cross-examine him on behalf of the prosecution

B) To punish him for lying

C) To extract a confession

D) To enable the accused to explain any circumstances appearing in the evidence against him

55 / 100

Order I, Rule 8 deals with "Representative Suits". For such a suit to proceed, who must be given notice of the institution of the suit?

A) All persons so interested (usually by public advertisement)

B) Only the defendants

C) The Government

D) The Supreme Court

56 / 100

A formal charge is framed under Section 242. Under Section 263 (non-appealable summary trials), framing a formal charge is:

A) Mandatory

B) Need not be done

C) Done after the verdict

D) Done by the police

57 / 100

Section 91 of Evidence Act applies to

A) transactions which are reduced into writing voluntarily

B) both (a) & (b)

C) transactions which under the law must be in writing

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

58 / 100

Under Section 89A of the CPC (English) (as applicable in Bangladesh), referring a civil suit to "Mediation" after the filing of the written statement is:

A) Only for criminal cases

B) Optional for the Court

C) Not allowed in civil suits

D) Mandatory for the Court

59 / 100

Under Section 340 of the CrPC, any person accused of an offence before a Criminal Court has the legal right to be defended by a:

A) Relative

B) Pleader (Lawyer)

C) Magistrate

D) Police Officer

60 / 100

Under Section 121A of the Penal Code, which of the following is considered an offence?

A) Waging war against the Government

B) Sedition

C) Conspiracy to wage war against Government of Bangladesh

D) Criminal intimidation

61 / 100

Who has the power to remove an advocate enrolled through fraud?

A) Enrollment Committee

B) High Court

C) General Body

D) Bar Council Tribunal

62 / 100

A sentence of death passed by a Court of Session cannot be executed unless it is submitted for confirmation to the:

A) President of Bangladesh

B) Supreme Court Appellate Division

C) Ministry of Law

D) High Court Division

63 / 100

Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is

A) 10 years old

B) 5 years old.

C) 15 years old

D) 20 years old

64 / 100

Order XXI, Rule 58 provides for the adjudication of claims by third parties objecting to the attachment of property. The order made upon such adjudication has the force of:

A) An affidavit

B) A simple notice

C) An FIR

D) A decree

65 / 100

Under Order II, Rule 2, if a plaintiff omits to sue for a portion of their claim, what is the consequence?

A) They can sue for it later in a separate suit

B) They will be fined

C) The court will add it later automatically

D) They shall not afterwards sue in respect of the portion so omitted

66 / 100

Section 56(d) prohibits injunctions that interfere with the public duties of any department of the Government, or with the sovereign acts of a:

A) Corporation

B) Private citizen

C) Foreign Government

D) Local council

67 / 100

In case of imprisonment for non-payment of a fine, what happens if the fine is paid in part?

A) The person is granted bail

B) The sentence shall be reduced proportionately

C) The sentence remains the same

D) The sentence is forgiven entirely

68 / 100

Under Section 204(3), a Magistrate may dismiss a complaint if:

A) The police refuse to investigate

B) The accused is a foreigner

C) The crime happened at night

D) Process fees are not paid within a reasonable time

69 / 100

Section 96(2) provides that an appeal may lie from an original decree passed:

A) Ex parte

B) By a mediator

C) With the consent of parties

D) By the Supreme Court

70 / 100

Assertion: A servant hides a watch under the carpet in the same room fearing detection. He is guilty of theft. Reason: To be guilty, a person must move and take away the property.

A) Both true, R explains A (Moving it with dishonest intent completes theft, even if not fully carried away yet).

B) A is true, R is false.

C) A is false, R is true.

D) Both true, R doesn't explain.

71 / 100

Which of the following is NOT recognized as a defence under the Penal Code?

A) Irresistible impulse

B) Right to private defence

C) Legal Insanity

D) Accident

72 / 100

Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of

A) all the above.

B) varying its terms

C) contradicting its terms

D) adding to its terms

73 / 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 3 years from attaining majority

B) Within 4 years from accruer

C) Within 3 years from the date of accruer

D) Within 1 year from attaining majority

74 / 100

Under Section 265-I, the Court shall issue process for defence witnesses unless it considers the application is for:

A) Proving innocence

B) Cross-examining the police

C) Intimidating the prosecution

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

75 / 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) 12 years

C) 2 years

D) 1 year

76 / 100

Section 92 of Evidence Act applies to

A) unilateral documents

B) either (a) or (b).

C) both (a) & (b)

D) bilateral documents

77 / 100

Which maxim is contained in Section 95 of the Bangladesh Penal Code?

A) De minimus non curat lex

B) Actus non facit reum

C) Volenti non fit injuria

D) Ignorantia juris non excusat

78 / 100

A mandatory two-month prior written notice must be served before filing a civil suit against the Government or a public officer. This is required under:

A) Section 151

B) Section 80

C) Section 115

D) Section 10

79 / 100

An injunction CANNOT be granted to stay proceedings in a Court:

A) Handling civil matters

B) Subordinate to the issuing Court

C) Not subordinate to that from which the injunction is sought

D) Located in a different district

80 / 100

Under Section 205, a Magistrate may dispense with the personal attendance of the accused and permit him to appear by:

A) A police officer

B) Video only

C) A relative

D) His pleader

81 / 100

If a Magistrate stays a complaint case because a police investigation is in progress (Section 205D), and the police report does NOT relate to any accused in the complaint case, the Magistrate shall:

A) Merge the cases anyway

B) Arrest the police officer

C) Dismiss the complaint case

D) Proceed with the inquiry or trial which was stayed

82 / 100

Section 205C deals with the transfer of cases to the Court of Session. The Magistrate must remand the accused to custody during the trial, subject to the provisions relating to:

A) Habeas Corpus

B) Fines

C) Bail

D) Parole

83 / 100

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

A) Contractual breaches

B) Money decrees

C) Rights of pre-emption

D) Property rights

84 / 100

Rejection of a plaint under Order VII, Rule 11 is deemed to be a "Decree" under Section 2(2). Does it preclude the plaintiff from presenting a fresh plaint on the same cause of action?

A) Yes, unless the High Court gives permission

B) No, but only after paying a heavy fine

C) No, subject to the law of limitation (Order VII, Rule 13)

D) Yes, absolutely

85 / 100

In a trial before a Court of Session (Chapter XXIII), the judgment of acquittal or conviction is given under which section?

A) Section 265C

B) Section 265K

C) Section 265E

D) Section 265H

86 / 100

Section 88A of Evidence Act provides for

A) only (b) but not (a).

B) both (a) & (b)

C) presumption as to the person by whom the message is sent

D) presumption as to the electronic message forwarded corresponds with the message as fed in the computer

87 / 100

In Bangladesh, under Order VIII, Rule 1, what is the absolute maximum time limit for filing a written statement after the service of summons?

A) 90 working days

B) 120 days

C) 30 working days

D) 60 working days (30 days + max 30 days extension)

88 / 100

Once a Court has signed its judgment, can it alter or review it according to Section 369 of the CrPC?

A) Yes, if both parties agree

B) Yes, if the police request it

C) Yes, within 30 days

D) No, except to correct a clerical error

89 / 100

Under Section 57, an injunction to perform a negative agreement can be granted even if the affirmative agreement cannot be specifically enforced, provided the applicant has:

A) Paid a security deposit

B) Signed a new contract

C) Forgiven the breach

D) Not failed to perform the contract so far as it is binding on him

90 / 100

The presumption under section 90 of Evidence Act can be drawn in respect of

A) uncertified copies

B) certified copies

C) original documents

D) all the above.

91 / 100

The "Inherent Powers" of the Court under Section 151 of the CPC (English) are:

A) Powers used to override express provisions of the CPC (English)

B) Newly created powers by this section

C) Powers strictly limited to granting injunctions

D) Powers saved by this section to make orders necessary for the ends of justice or to prevent abuse of the process of the Court

92 / 100

Under Section 148 of the CPC (English) (as amended in Bangladesh), the Court can extend any time fixed or granted by it for doing an act by a maximum total period of:

A) 90 days

B) 60 days

C) 30 days

D) 15 days

93 / 100

Under Section 337 of the CrPC, who has the power to tender a pardon to an accomplice (রাজসাক্ষী) to obtain his evidence?

A) The Public Prosecutor only

B) Any Magistrate of the third class

C) Chief Metropolitan Magistrate, Chief Judicial Magistrate, or a Magistrate of the first class

D) Any Police Officer

94 / 100

What is the legal effect of the compounding of an offence under Section 345?

A) The accused is discharged

B) The accused is released on bail

C) The trial is postponed

D) It shall have the effect of an acquittal of the accused

95 / 100

The Bangladesh Penal Code extends to:

A) All States of Bangladesh

B) All Union Territories

C) None of the above.

D) Whole of Bangladesh (The key's option 'except J&K' refers to the Indian Penal Code prior to 2019. For Bangladesh, it applies to the whole territory).

96 / 100

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

A) If the plaintiff goes abroad

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

C) If the court goes on vacation

D) If the defendant goes bankrupt

97 / 100

According to Order XXII, Rule 1, the death of a plaintiff or defendant does NOT cause the suit to abate if:

A) The parties are wealthy

B) The right to sue survives

C) The lawyer agrees to continue for free

D) The court fees were already paid

98 / 100

What must an advocate pay to be included in the Bar Council voter list?

A) Annual fee and dues

B) Enrollment fee

C) Library fee

D) Benevolent fund fee

99 / 100

Section 91 of Evidence Act

A) both (b) & (c).

B) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue

C) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum

D) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue

100 / 100

Section 509 of the Penal Code was amended by which of the following Acts?

A) Criminal Law (Amendment) Act, 2018

B) Criminal Law (Amendment) Act, 2013

C) Vienna Convention

D) Information Technology Act, 2000

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Bar Council Full Model Test 44 English | 100 Marks 60 Min