Bar Council Full Model Test 45 English

Bar Council Full Model Test 45 (English)

Bangladesh Bar Council Preliminary Full Model Test 45

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

Can an advocate purchase property related to their client's litigation?

A) Yes, with consent

B) Yes, fairly

C) No, it is misconduct

D) In auctions

2 / 100

Maintaining a respectful attitude towards courts is what type of duty for an advocate?

A) Duty to Client

B) Duty to State

C) Duty to Colleagues

D) Duty to Court

3 / 100

Section 413 states that there is no appeal in petty cases. For a Court of Session, what is the maximum sentence of imprisonment where no appeal lies?

A) 1 year

B) 1 month

C) 3 months

D) 6 months

4 / 100

Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible

A) where the documents is complete in itself

B) where the document does not record all the terms of the contract

C) where the document records all the terms of the contract

D) all the above.

5 / 100

The Specific Relief Act presumes that the breach of a contract to transfer moveable property:

A) Requires specific performance

B) Cannot be relieved by compensation

C) Is an irreparable loss

D) Can be adequately relieved by compensation in money

6 / 100

Burden of proof means

A) both (a) & (b)

B) the burden of proof as to introduction of evidence

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

D) the burden of proof as a matter of law & pleadings is burden of establishing a case

7 / 100

The defence of consent is NOT available in cases involving consent to cause:

A) Simple hurt

B) Property damage

C) Death or grievous hurt

D) Trespass

8 / 100

Accident is provided as an exception under which section of the Penal Code?

A) Section 84

B) Section 79

C) Section 76

D) Section 80

9 / 100

In the case of a "free fight", the right of private defence is available to:

A) Both parties

B) The party who was hit first

C) Neither of the parties

D) The party who is weaker

10 / 100

Section 34 of the Penal Code is primarily a:

A) Rule of punishment

B) Rule of evidence

C) General exception

D) Specific standalone offence

11 / 100

General exceptions in the Bangladesh Penal Code are contained in which Chapter?

A) Chapter 10

B) Chapter 3

C) Chapter 5

D) Chapter 4

12 / 100

Under Section 3, the definition of "settlement" specifically EXCLUDES:

A) A deed of gift

B) A contract of sale

C) A will or codicil

D) A trust deed

13 / 100

Under Order XLI, Rule 27, when can an Appellate Court allow the production of additional evidence?

A) Never

B) Only for the plaintiff

C) Only if the lower court improperly refused to admit it, or the Appellate Court requires it to pronounce judgment

D) Whenever a party requests it

14 / 100

Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

A) only (b) not (a).

B) both (a) & (b)

C) mutual mistake

D) unilateral Mistake

15 / 100

Under proviso 2 to section 92 of Evidence Act oral evidence is admissible

A) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

B) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

C) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document

D) all the above.

16 / 100

The amount of every bail bond executed under the CrPC shall be fixed with due regard to the circumstances of the case and shall NOT be:

A) Paid in cash

B) Disclosed to the prosecutor

C) Less than 10,000 Taka

D) Excessive

17 / 100

How many rules are there in Chapter 1 of the Canons of Professional Conduct?

A) 11

B) 9

C) 5

D) 7

18 / 100

If a case is instituted upon a private complaint and the accused is acquitted, the complainant may appeal to the High Court Division if the Court grants:

A) Special leave to appeal

B) A writ of certiorari

C) An anticipatory bail

D) A pardon

19 / 100

An application for "Review" (Order XLVII) lies to:

A) The same Court/Judge which passed the decree or made the order

B) The High Court Division

C) The Supreme Court Appellate Division

D) The District Magistrate

20 / 100

"Reference" under Section 113 and Order XLVI means a subordinate court refers a case to the High Court Division for its opinion on:

A) A question of law or validity of any Act/Ordinance that is necessary for the disposal of the case

B) The character of the parties

C) How much cost to award

D) A question of fact

21 / 100

Who represents a minor defendant in a suit to protect their interests?

A) Guardian for the suit (Guardian ad litem) appointed by the Court

B) Next friend

C) A police officer

D) The plaintiff

22 / 100

Under Section 11(2), can a foreign rule of limitation be a defense to a suit in Bangladesh?

A) Never

B) Yes, if it extinguished the contract and parties were domiciled there during the prescribed period

C) Only if the defendant requests it

D) Always

23 / 100

Section 14 provides for the exclusion of time of a proceeding prosecuted bona fide in a Court:

A) In a foreign country

B) Without jurisdiction

C) During holidays

D) With proper jurisdiction

24 / 100

Under Section 439A, which Court exercises revisional powers over any proceeding before a Magistrate?

A) The High Court Division only

B) The Supreme Court

C) The Court of Session (Sessions Judge)

D) The District Magistrate

25 / 100

Is the right of private defence available against a moral wrong?

A) Yes

B) No

C) Yes, if it happens in public

D) Yes, if the person is a public servant

26 / 100

Can an advocate try to privately influence a judge?

A) In bail hearings

B) No, it is misconduct

C) Yes, for client

D) Yes, if familiar

27 / 100

A minor can institute a civil suit only through an adult person acting on their behalf, legally termed as the:

A) Amicus curiae

B) Next friend

C) Guardian ad litem

D) Receiver

28 / 100

Under Section 12(4), for an application to set aside an award, what time is excluded?

A) Time spent in mediation

B) No time is excluded

C) Time requisite for obtaining a copy of the award

D) 30 days flat

29 / 100

Under Order XXIII, Rule 1, a plaintiff may withdraw his suit with the liberty to institute a fresh suit on the same cause of action only if:

A) The lawyer changes

B) The Court grants permission because the suit must fail by reason of some formal defect or sufficient grounds

C) He feels he is losing

D) The defendant requests it

30 / 100

An appeal by a person convicted by a Joint Sessions Judge and sentenced to imprisonment for a term exceeding 5 years lies to the:

A) Supreme Court Appellate Division

B) Chief Judicial Magistrate

C) District Judge

D) High Court Division

31 / 100

A contract which runs into such minute or numerous details that the Court cannot enforce specific performance of its material terms is covered under:

A) Section 21(d)

B) Section 21(a)

C) Section 21(c)

D) Section 21(b)

32 / 100

Is the time requisite for obtaining a copy of the decree appealed from excluded?

A) Yes

B) No

C) Only if the judge permits

D) Only in criminal cases

33 / 100

A "Receiver" appointed under Order XL, Rule 1 acts as:

A) A spy for the defendant

B) An officer of the Court to manage and protect the disputed property impartially

C) A representative of the plaintiff

D) A substitute judge

34 / 100

Under Section 13, whose absence from Bangladesh is excluded from the computation of time?

A) The Witnesses'

B) The Defendant's

C) The Judge's

D) The Plaintiff's

35 / 100

Section 7 states that specific relief cannot be granted for the mere purpose of enforcing:

A) A civil right

B) A contractual obligation

C) An equitable duty

D) A penal law

36 / 100

According to Section 404 of the CrPC, what is the general rule regarding appeals?

A) No appeal shall lie from any judgment or order except as provided by this Code or by any other law

B) Every order is appealable

C) Appeals can only be filed by the Government

D) Appeals are allowed only in murder cases

37 / 100

Burden of proof

A) wholly determines the right to begin

B) substantially determines the right to begin

C) partially determines the right to begin

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

38 / 100

The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document

A) is a partial want or failure

B) is a substantial want or failure

C) is a complete want or failure

D) may be complete or may be partial want or failure.

39 / 100

A suit under Section 9 (person dispossessed of immoveable property) cannot be brought against:

A) The Government

B) A trespasser

C) A relative

D) A private corporation

40 / 100

Is the right of private defence available to the aggressor?

A) Yes, in cases of property

B) Yes, always

C) Yes, if the aggressor is injured first

D) No

41 / 100

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of

A) both (a) & (b)

B) ambiguitas patens

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

D) ambiguitas lateens

42 / 100

Section 105 of Evidence Act applies to

A) both (a) & (b)

B) civil trials

C) neither (a) nor (b).

D) criminal trials

43 / 100

Under Section 14, if the unperformed part of a contract is small and admits of compensation, the Court may direct specific performance and:

A) Demand a new contract

B) Cancel the entire contract

C) Punish the defaulting party

D) Award compensation in money for the deficiency

44 / 100

Under Section 417, who can direct the Public Prosecutor to present an appeal to the High Court Division against an order of acquittal passed by a trial court?

A) The Investigating Police Officer

B) The Government

C) The victim's family

D) The Chief Judicial Magistrate

45 / 100

The power to direct admission to bail, including the practice of granting "Anticipatory Bail" (আগাম জামিন), is derived from which section?

A) Section 496

B) Section 498

C) Section 561A

D) Section 497

46 / 100

According to Section 11(a), specific delivery of moveable property can be compelled when the thing claimed is held by the defendant as the:

A) Buyer in good faith

B) Owner

C) Agent or trustee of the claimant

D) Finder of lost goods

47 / 100

Under Section 21A, what must a party deposit in court at the time of filing a suit for specific performance of a contract for sale of immovable property?

A) A police report

B) 10% of the consideration

C) The balance amount of consideration

D) The original deeds

48 / 100

What is the time limit for a complainant to apply for special leave to appeal against an order of acquittal under Section 417?

A) 60 days from the order of acquittal

B) 6 months from the order of acquittal

C) 90 days from the order of acquittal

D) 30 days from the order of acquittal

49 / 100

The right to private defence is based on the basic principle of:

A) Deterrence

B) Self-preservation

C) Retribution

D) Revenge

50 / 100

The right of private defence does not extend to causing more harm than is necessary for defence. This is stated under:

A) Section 98

B) Section 97

C) Section 99

D) Section 96

51 / 100

The right of private defence is NOT available against an act which is:

A) Robbery

B) An offence

C) A deadly assault

D) Not a legal wrong

52 / 100

Which section allows a guardian to give consent for a person below 12 years of age?

A) Section 87

B) Section 88

C) Section 95

D) Section 89

53 / 100

In criminal proceedings, the burden of proof is

A) on the prosecution to prove the guilt of the accused

B) on both the parties

C) either (a) or (b).

D) on the accused to prove his innocence

54 / 100

Section 84 of the Bangladesh Penal Code deals with:

A) Medical insanity

B) Accident

C) Intoxication

D) Legal insanity

55 / 100

In computing the limitation for an appeal, which day is excluded according to Section 12(2)?

A) The day the defendant appeared

B) The day on which the judgment complained of was pronounced

C) The day the court reopened

D) The day the plaint was filed

56 / 100

According to Order XLI, Rule 5, does the mere filing of an appeal automatically stay the execution of the lower court's decree?

A) Yes, always

B) Yes, for 15 days

C) No, unless the police order it

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

57 / 100

Is there a right to appeal when an accused person pleads guilty and is convicted by a Court of Session or Magistrate of the first class (Section 412)?

A) Yes, if the sentence is less than 1 year

B) Only the prosecution can appeal

C) No appeal lies, except as to the extent or legality of the sentence

D) Yes, full right to appeal

58 / 100

The right of private defence extends to causing death in the case of an assault with the intention of:

A) Wrongful restraint

B) Gratifying unnatural lust

C) Mischief

D) Theft

59 / 100

Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

A) where the contract has been written voluntarily & not required by laws to be so written

B) where the law required the contract to be in writing

C) all the above.

D) where the contract has been registered under the law of registration of documents

60 / 100

Which Courts have the special power to direct admission to bail or reduce the bail amount under Section 498?

A) Any Magistrate of the 1st Class

B) The High Court Division or Court of Session

C) The Supreme Court Appellate Division only

D) The Chief Judicial Magistrate only

61 / 100

The right to private defence is available with respect to:

A) Persons only

B) Movable property only

C) Both persons and property (movable as well as immovable)

D) Immovable property only

62 / 100

If a plaintiff successfully withdraws a suit without seeking the court's permission to file a fresh one (Order XXIII, Rule 1), what happens?

A) He can file an appeal

B) He is permanently barred from instituting a fresh suit in respect of the same subject matter

C) He must pay double court fees next time

D) The suit remains pending indefinitely

63 / 100

In cases of robbery or dacoity, the right of private defence extends to:

A) Reporting to the police only

B) Voluntarily causing hurt only

C) Voluntarily causing any harm including death

D) Recovering stolen goods only

64 / 100

Attachment before judgment (Order XXXVIII) is an extraordinary measure used by the Court primarily to:

A) Punish the defendant before trial

B) Pay the lawyer's fees

C) Harass the defendant's family

D) Prevent the defendant from disposing of or removing property from the Court's jurisdiction to defeat a prospective decree

65 / 100

An order refusing to set aside an ex parte decree (Order IX, Rule 13) is:

A) Dealt with by a second suit

B) Subject only to a writ petition

C) Not challengeable

D) Appealable as an "Appeal from Order" under Order XLIII, Rule 1

66 / 100

What happens if a suit abates due to the failure to substitute the legal heirs of a deceased plaintiff within the limitation period?

A) The court acts as the legal heir

B) A fresh suit can be filed without restrictions

C) No fresh suit can be brought on the same cause of action

D) The defendant is penalized

67 / 100

Which of the following is a valid ground for Review under Order XLVII?

A) The losing party feels sad

B) The lawyer made a bad argument

C) Discovery of new and important evidence which could not be produced earlier despite due diligence

D) The judge was transferred

68 / 100

Which section provides the guidelines for granting bail in "Non-bailable Offences"?

A) Section 496

B) Section 561A

C) Section 497

D) Section 498

69 / 100

Generally, an appeal against a sentence passed by a Magistrate of the second or third class lies to the:

A) High Court Division

B) Court of Session

C) District Magistrate

D) Chief Judicial Magistrate

70 / 100

In an interpleader suit (Order XXXV), the real dispute is between:

A) Two different courts

B) The plaintiff and the court

C) The defendants themselves, who claim the same debt, sum of money, or property from the plaintiff

D) The plaintiff and the government

71 / 100

Under Section 429, when the Judges composing the Court of Appeal are equally divided in opinion, what is the procedure?

A) The case with their opinions is laid before another Judge of the same Court, and his opinion prevails

B) The case is sent to the President

C) The case is dismissed

D) The accused is automatically acquitted

72 / 100

Under Section 497, bail in a non-bailable offence punishable with death or life imprisonment MAY still be granted by a Court if the accused is:

A) Sick or infirm

B) A woman

C) Any of the above

D) Under the age of 16

73 / 100

Which of the following is true as to the standard of proof in criminal & civil proceedings

A) in criminal proceedings it is 'upon the balance of probabilities' while in civil 'beyond reasonable doubt'.

B) in criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings

C) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is 'upon the balance of probabilities'

D) in criminal & civil proceedings both it is upon the balance of probabilities'

74 / 100

Which Court holds the extraordinary power of Revision under Section 439 of the CrPC?

A) The High Court Division

B) Any Magistrate's Court

C) The Chief Judicial Magistrate

D) The Police Commissioner

75 / 100

According to the provided text, imprisonment for non-payment of fine shall terminate on:

A) Apology by the accused

B) Completion of half the term

C) Discretion of the judge

D) Payment of rent

76 / 100

Who can give consent on behalf of a person below 12 years of age or a person of unsound mind?

A) The High Court

B) The Police

C) The guardian, subject to restrictions imposed by law

D) The State

77 / 100

Which section of the CrPC requires a Court of Session to submit a death sentence to the High Court Division for confirmation?

A) Section 369

B) Section 497

C) Section 374

D) Section 404

78 / 100

Under Section 423, what powers does an Appellate Court have while disposing of an appeal against a conviction?

A) It can reverse the finding and sentence (acquit)

B) All of the above

C) It can order a retrial

D) It can alter the finding

79 / 100

A person suing for specific performance may also ask for compensation for its breach, either in addition to, or in substitution for, such performance under which section?

A) Section 19

B) Section 21

C) Section 15

D) Section 12

80 / 100

Burden of proof under section 101 of Evidence Act

A) both (b) & (C) are correct.

B) goes on shifting as the trial proceeds

C) never shifts

D) may shift

81 / 100

Under Order XXXIX, Rule 1, a temporary injunction is granted to:

A) Give the property to the plaintiff permanently

B) Maintain the status quo and prevent property from being wasted, damaged, or alienated during the pendency of the suit

C) Order specific performance

D) Declare title

82 / 100

To be declared an "indigent person" (pauper) under Order XXXIII, Rule 1, a person must lack the sufficient means to pay:

A) The lawyer's fees

B) Their business debts

C) The fee prescribed by law for the plaint in such suit

D) Their daily living expenses

83 / 100

According to Section 11(1), suits instituted in Bangladesh on foreign contracts are subject to:

A) No limitation rules

B) International law

C) The rules of limitation contained in the Bangladesh Limitation Act

D) The rules of the foreign country

84 / 100

Burden of proof is lightened by

A) all the above.

B) estoppels

C) admissions

D) presumptions

85 / 100

Does Section 10 apply to managers of Hindu, Muslim, or Buddhist religious or charitable endowments?

A) Only to Hindu endowments

B) Yes, they are deemed to be trustees thereof

C) Only to Muslim endowments

D) No

86 / 100

The maxim ignorantia juris non excusat means:

A) Ignorance of law is no excuse

B) Ignorance of fact is an excuse

C) Act done against one's will is not their act

D) No one can judge their own case

87 / 100

In cases of assault with the intention of committing rape, the right of private defence extends to:

A) Causing grievous hurt only

B) Running away

C) Voluntarily causing any harm including death

D) Causing simple hurt

88 / 100

Order XXVI, Rule 9 allows the Court to issue a commission for local investigation. The primary purpose is to:

A) Elucidate any matter in dispute or ascertain the market value of property

B) Arrest the defendant

C) Distribute relief goods

D) Evict a tenant

89 / 100

Who has the specific statutory power to cancel the bail and commit the accused to custody under Section 497(5)?

A) The Court which released him on bail

B) All of the above

C) The High Court Division

D) The Court of Session

90 / 100

A contract to refer present or future differences to arbitration (save as provided by the Arbitration Act) cannot be specifically enforced under:

A) Section 12

B) Section 22

C) Section 24

D) Section 21

91 / 100

In computing the period of limitation, the day from which such period is to be reckoned shall be:

A) Excluded

B) Counted as half a day

C) Included

D) Left to the judge's discretion

92 / 100

Section 82 of the Bangladesh Penal Code lays down the rule of:

A) Doli capax

B) Mens rea

C) Res gestae

D) Wholly incapax

93 / 100

Who determines the fee for the advocate enrollment exam?

A) Supreme Court

B) UGC

C) Bangladesh Bar Council

D) Ministry of Law

94 / 100

If a person disobeys a temporary injunction order, what penalty can the court impose under Order XXXIX?

A) Cancellation of their citizenship

B) Attachment of their property and detention in civil prison

C) Suspension of their driver's license

D) Death penalty

95 / 100

According to Section 496, getting bail in a "Bailable Offence" is:

A) Only allowed by the High Court

B) A matter of the Magistrate's discretion

C) Impossible without a lawyer

D) A matter of right for the accused

96 / 100

The test of ascertaining on which side the burden of proof lies is contained in

A) section 101 of Evidence Act

B) section 100 of Evidence Act

C) section 103 of Evidence Act.

D) section 102 of Evidence Act

97 / 100

Section 151 (Inherent Powers) can be invoked by the Court:

A) Only when there is no specific provision in the CPC (English) to meet the ends of justice or prevent abuse of process

B) To change the jurisdiction of courts

C) To bypass clear statutory rules in the CPC (English)

D) To hear criminal cases

98 / 100

Is a suit against an express trustee for following trust property barred by any length of time?

A) Yes, after 30 years

B) Yes, after 3 years

C) Yes, after 12 years

D) No, it shall not be barred by any length of time

99 / 100

Under Section 144 (Restitution), if a decree is reversed on appeal, the successful party is entitled to be restored to the position they would have occupied if the wrong decree had not been passed. They can claim:

A) Only the property back

B) Imprisonment of the opposing party

C) The property along with damages, compensation, and mesne profits

D) A written apology

100 / 100

Burden of introducing evidence under section 102 of Evidence Act

A) occasionally shifts

B) never shifts

C) constantly shifts

D) only (a) and not (b) or (c).

The average score is 0%

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Bar Council Full Model Test 45 English | 100 Marks 60 Min