Bar Council Full Model Test 46 English

Bar Council Full Model Test 46 (English)

Bangladesh Bar Council Preliminary Full Model Test 46

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

Does Section 17 (effect of death) apply to suits to enforce rights of pre-emption?

A) No

B) Yes

C) Only for commercial properties

D) Only if the legal representative is a minor

2 / 100

For presumption under section 107 of Evidence Act, the person is to be shown to be alive

A) within 7 years

B) within 3 years

C) within 12 years

D) within 30 years.

3 / 100

According to Section 54 of the CrPC, can a police officer arrest a person without a warrant if there is a reasonable suspicion that he has committed a cognizable offence?

A) Only in Metropolitan areas

B) Only during the day

C) No, a warrant is always needed

D) Yes

4 / 100

Under Section 42, a Court shall NOT make a declaration of status or right where the plaintiff, being able to seek further relief than a mere declaration,

A) Does so

B) Asks for an injunction

C) Omits to do so

D) Is a foreigner

5 / 100

Can an advocate be a witness in their own case?

A) In civil cases

B) If no other witness

C) Yes, always

D) No, generally avoided

6 / 100

The offence of cheating is defined under which section of the Penal Code according to the text?

A) Section 415

B) Section 464

C) Section 420

D) Section 419

7 / 100

Can an advocate advertise themselves in media?

A) Yes

B) With permission

C) In law journals

D) No, it violates etiquette

8 / 100

Chapter 5 of the Bangladesh Penal Code pertains to:

A) Abetment

B) Offences against the Human Body

C) General Exceptions

D) Offences against the State

9 / 100

Under Order XIII, Rule 3, the Court may at any stage of the suit reject any document which it considers:

A) Irrelevant or otherwise inadmissible

B) Important but old

C) Written in English

D) Favorable to the defendant

10 / 100

Section 112 of Evidence Act contains

A) a mixed presumption of fact & law.

B) a presumption of fact

C) a rebuttable presumption of law

D) an irrebuttable presumption of law

11 / 100

Rape is categorized as an offence against:

A) Human body

B) Public tranquility

C) Property

D) The State

12 / 100

Section 106 of Evidence Act is applicable

A) neither (a) nor (b).

B) to such matters of defence which are supposed to be especially within the knowledge of the defendant

C) to such matters which are capable of being known to the persons other than the defendant

D) both (a) & (b)

13 / 100

A confession of an accused person during an investigation is recorded by a Magistrate under which section?

A) Section 342

B) Section 154

C) Section 164

D) Section 161

14 / 100

Abetment can be constituted by:

A) Instigation, conspiracy, or intentional aid

B) Intentional aid only

C) Instigation only

D) Conspiracy only

15 / 100

In excluding the time of a former pending suit under Section 14 (Explanation I), which days are counted?

A) Both the day it was instituted and the day it ended

B) Only the day it was instituted

C) Neither

D) Only the day it ended

16 / 100

If an abettor incites someone to commit an offence, when is the abetment complete?

A) When the person buys weapons

B) Only after the offence is committed

C) When the court convicts the offender

D) As soon as the person is incited

17 / 100

According to Section 14 (Explanation II), a plaintiff resisting an appeal is deemed to be:

A) Prosecuting a proceeding

B) Delaying the court

C) Waiving his rights

D) Wasting time

18 / 100

If a person dies while in the custody of the police, an inquiry into the cause of death MUST be held by:

A) A senior police officer

B) A human rights commission

C) The doctor who conducted the autopsy

D) A Magistrate empowered to hold inquests

19 / 100

If an instrument is evidence of different rights or obligations, the Court may cancel it in part and allow it to stand for the residue under:

A) Section 40

B) Section 38

C) Section 39

D) Section 41

20 / 100

Cross-decrees: Where applications are made to the same Court for execution of cross-decrees in separate suits for payment of two sums of money between the same parties, execution shall be taken out only by the party who holds the decree for the:

A) It cannot be executed

B) Larger sum, and for so much only as remains after deducting the smaller sum

C) Earlier date

D) Smaller sum

21 / 100

It is a well-settled principle of law that a plaint must be rejected as a whole and not in part. This is an interpretation of which provision?

A) Order VII, Rule 11

B) Order VII, Rule 10

C) Order II, Rule 2

D) Order VI, Rule 16

22 / 100

Section 112 of Evidence Act provides for

A) presumption of death

B) presumption of legitimacy.

C) presumption of life

D) presumption of marriage

23 / 100

The list of witnesses must be filed by the parties within a stipulated time (usually 15 days) after the settlement of issues under:

A) Order X, Rule 1

B) Order XVIII, Rule 2

C) Order XVI, Rule 1

D) Order XX, Rule 1

24 / 100

Section 110 of evidence Act in its operation

A) is not limited to immoveable property but applies only to certain moveable property.

B) is not limited to immoveable property and applies to moveable property as well

C) is limited to immoveable property

D) is limited to moveable property

25 / 100

When a Magistrate stops proceedings at any stage without pronouncing a judgment under Section 249, what is the legal effect?

A) It is a conviction

B) It is an acquittal

C) The case is transferred

D) It is merely a release, not an acquittal

26 / 100

The presumption under section 109 of Evidence Act as to certain human relationship

A) is obligatory and arises irrespective of the lapse of time

B) either (b) or (c).

C) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

D) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

27 / 100

Under Order VIII, Rule 4, evasive denial is not acceptable. If a defendant wants to deny an allegation of fact, they must:

A) Deny it generally

B) Answer the point of substance and deny it specifically

C) State they do not know

D) Ignore the allegation completely

28 / 100

Which of the following statements is true regarding homicide and murder?

A) Every murder is culpable homicide

B) Culpable homicide and murder are unrelated

C) No murder is culpable homicide

D) Every culpable homicide is murder

29 / 100

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

A) A declaratory decree

B) Satisfaction for the alleged breach

C) Legal advice

D) A temporary injunction

30 / 100

An appeal against the inadequacy of a sentence (Section 417A) can be filed by the Government or the complainant in the:

A) Court of Session

B) High Court Division or Appellate Court

C) Police Station

D) Chief Judicial Magistrate's Court

31 / 100

Under Order XIX, Rule 1, a Court may order that any fact may be proved by affidavit. However, an opposite party generally has the right to demand:

A) The affidavit to be destroyed

B) A jury trial

C) The attendance of the deponent for cross-examination

D) A new judge

32 / 100

A person arrested without a warrant must not be detained in police custody for more than how many hours (excluding journey time) without a Magistrate's order?

A) 72 hours

B) 24 hours

C) 12 hours

D) 48 hours

33 / 100

Under Order XX, Rule 3, once a judgment is signed by the Judge, it cannot be altered or added to, EXCEPT:

A) If the plaintiff demands it

B) By an order of the local UP Chairman

C) To correct a clerical or arithmetical mistake or on review

D) By the consent of the parties

34 / 100

Preparation for the commission of a crime is punishable if the preparation is intended for:

A) Committing forgery

B) Committing cheating

C) Committing theft

D) Waging war against the Government of Bangladesh

35 / 100

If an application to set aside an ex-parte decree under Order IX, Rule 13 is dismissed, what is the remedy available to the defendant?

A) File an appeal against the order of dismissal

B) The decision is final and unchallengeable

C) File a fresh suit

D) File a writ petition

36 / 100

A temporary order in urgent cases of nuisance or apprehended danger (e.g., prohibiting gatherings) under Section 144 can normally remain in force for a maximum period of:

A) 6 months

B) 1 month

C) 2 months

D) 15 days

37 / 100

According to Order XII, Rule 6 (Judgment on Admissions), the power of the Court to pass a judgment based on admission is:

A) Mandatory in all cases

B) Invalid in civil suits

C) Only applicable to the plaintiff

D) Discretionary and the Court may require the facts to be proved otherwise than by such admission

38 / 100

The presumption of continuance of life is contained in

A) section 109 of Evidence Act.

B) section 107 of Evidence Act

C) section 106 of Evidence Act

D) section 108 of Evidence Act

39 / 100

A person against whom a written instrument is void or voidable may sue to have it adjudged so, if he has reasonable apprehension that it may cause him:

A) Minor annoyance

B) Loss of time

C) Serious injury

D) Social stigma

40 / 100

Which section of the Penal Code was amended by the Information Technology (Amendment) Act, 2008?

A) Section 464

B) Section 420

C) Section 500

D) Section 465

41 / 100

Taking away jewellery from a person after murdering them becomes Dacoity if the number of persons involved is:

A) 2 or more

B) 4 or more

C) 5 or more

D) 3 or more

42 / 100

According to Section 14 (Explanation III), misjoinder of parties is deemed to be:

A) A fraudulent act

B) A fatal error

C) Non-excusable

D) A cause of a like nature with defect of jurisdiction

43 / 100

Abetment of an offence is:

A) Sometimes an offence

B) An offence only if the main crime is committed

C) Never an offence

D) Always an offence

44 / 100

Can a Police Diary (under Section 172) be used as substantive evidence to prove the guilt of the accused during a trial?

A) Yes, if the police officer is dead

B) No, it can only be used to aid the Court in the inquiry or trial

C) Only if the accused requests it

D) Yes, always

45 / 100

The Information Technology (Amendment) Act, 2008 came into force on:

A) 01.01.2009

B) 15.08.2008

C) 27.10.2008

D) 27.10.2009

46 / 100

The possession contemplated under section 110 of Evidence Act is

A) juridical possession

B) all the above.

C) symbolic possession

D) actual physical possession

47 / 100

If a Magistrate attaches property under Section 146 due to a land dispute, how long does the attachment last?

A) Until the police investigation is finished

B) Until a competent Court determines the rights of the parties

C) 1 year

D) 6 months

48 / 100

Disclosing a client's confidential information is considered—

A) Mandatory

B) Professional misconduct

C) Ethically acceptable

D) Lawful

49 / 100

The First Information Report (FIR) in a cognizable case is lodged under which section of the CrPC?

A) Section 164

B) Section 173

C) Section 161

D) Section 154

50 / 100

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of

A) 30 years.

B) 12 years

C) 7 years

D) 3 years

51 / 100

"Discovery by Interrogatories" under Order XI is a procedure meant to:

A) Examine witnesses before the trial

B) Delay the trial proceedings

C) Produce primary documentary evidence

D) Ascertain the nature of the opponent's case or material facts to reduce the burden of proof

52 / 100

Can an advocate communicate directly with the opposing party?

A) No, improper without counsel

B) Yes, to settle

C) Yes, with consent

D) To send notices

53 / 100

Section 465 of the Bangladesh Penal Code provides punishment for the offence of:

A) Cheating

B) Defamation

C) Forgery

D) Mischief

54 / 100

Under Order XV, Rule 3, if the parties are at issue on some question of fact/law, but the Court is satisfied that no further argument or evidence is needed, it may:

A) Postpone the case for a year

B) Proceed to determine such issues and pronounce judgment at once

C) Dismiss the suit

D) Direct the parties to arbitrate

55 / 100

Preparation for the commission of which of the following crimes is punishable?

A) Robbery

B) Trespass

C) Dacoity

D) Extortion

56 / 100

Under Section 16, for a suit for possession by a purchaser at an execution sale, what time is excluded?

A) The time the buyer took to arrange funds

B) Time the court was closed

C) Time during which a proceeding to set aside the sale has been prosecuted

D) 60 days

57 / 100

In rectifying a written instrument, the Court must be satisfied that the parties intended to make an:

A) Equitable and conscientious agreement

B) Unfair advantage

C) Unregistered deed

D) Oral contract

58 / 100

Any person' in section 106 of Evidence Act refers to

A) a person who is not a party to the suit but interested in the outcome of the suit

B) a witness / all the above.

C) a stranger to the state

D) a party to the suit

59 / 100

The essential constituents of a crime are:

A) Knowledge and Action

B) Preparation and Attempt

C) Actus reus and Mens rea

D) Motive and Intention

60 / 100

Order XXI deals with Execution. If a decree is passed jointly in favor of several persons, can one of them apply for execution?

A) Yes, but only for his own share

B) Yes, for the benefit of all, unless the decree imposes a contrary condition

C) No, all must apply together

D) No, the court executes it automatically

61 / 100

The dismissal of a suit for specific performance bars a subsequent suit for:

A) Injunction

B) Compensation for the breach

C) Possession

D) Declaration

62 / 100

In criminal trials, the onus is on the accused to prove that his case falls in

A) any of the proviso to any provision

B) any of the special exception

C) all the above.

D) any of the general exception

63 / 100

The principle that possession is prima facie proof of ownership is contained in

A) section 110 of Evidence Act

B) section 112 of Evidence Act.

C) section 111 of Evidence Act

D) section 109 of Evidence Act

64 / 100

The Inherent Power under Section 561A is exercised to:

A) Both A and B

B) Prevent the abuse of the process of any Court

C) Secure the ends of justice

D) Grant pardons to convicts

65 / 100

Which section mandates that an investigating police officer must maintain a "Police Diary" (Case Diary) day by day?

A) Section 173

B) Section 154

C) Section 161

D) Section 172

66 / 100

Under Section 59, a private person may arrest any person who, in his view, commits a:

A) Civil wrong

B) Traffic violation

C) Non-bailable and cognizable offence

D) Bailable and non-cognizable offence

67 / 100

The "demeanour" (behavior/manner) of a witness while under examination is recorded by the Court to:

A) Share with the police

B) Make the record longer

C) Help assess the credibility and truthfulness of the witness

D) Punish the witness later

68 / 100

Under Section 526, which Court has the authority to transfer a case or an appeal from one Criminal Court to another to secure a fair and impartial trial?

A) The High Court Division

B) The Law Ministry

C) The Chief Judicial Magistrate

D) The District Magistrate

69 / 100

Disputes concerning land or water that are likely to cause a breach of the peace are dealt with by an Executive Magistrate under:

A) Section 144

B) Section 154

C) Section 145

D) Section 107

70 / 100

Under Section 15(1), if the institution of a suit is stayed by an injunction, what happens to the time of the continuance of the injunction?

A) It is included in the limitation period

B) It bars the suit forever

C) It is excluded

D) It restarts the limitation period

71 / 100

By way of amendment to Section 464 of the Penal Code, "electronic signature" was substituted by:

A) Encrypted signature

B) Biometric signature

C) Scanned signature

D) Digital signature

72 / 100

Rescission of a contract may be adjudged where a decree for specific performance has been made, and the purchaser makes default in:

A) Taking possession

B) Appealing the decree

C) Registering the deed

D) Payment of the purchase-money

73 / 100

Under Section 17, if a person dies before a right to sue accrues to him, limitation is computed from when?

A) Date the cause of action happened

B) One year after death

C) Time when there is a legal representative capable of instituting the suit

D) Date of death

74 / 100

In criminal trials, it is bound to presume

A) that the case of the accused falls in proviso to the provision under which he is charged

B) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

C) both (a) & (b) and not (c)

D) that the case of the accused falls in any of the general or special exceptions

75 / 100

A police report submitted to the Magistrate upon completion of an investigation (often called a Charge Sheet or Final Report) is filed under:

A) Section 154

B) Section 161

C) Section 164

D) Section 173

76 / 100

While a "Legal Set-off" requires an ascertained sum of money, an "Equitable Set-off" can be claimed for an unascertained sum provided it:

A) Arises from the same transaction as the plaintiff's claim

B) Is claimed in a separate suit only

C) Is against the Government

D) Arises from a completely different transaction

77 / 100

If a suit requires a mandatory notice period under any enactment, is that notice period excluded from limitation?

A) Yes

B) Only if it exceeds 30 days

C) Only for government suits

D) No

78 / 100

Specific performance cannot be enforced against a party if his assent was given under the influence of:

A) Careful consideration

B) Good faith

C) Independent advice

D) Mistake of fact, misapprehension or surprise

79 / 100

If a witness summoned to produce a document fails to do so without lawful excuse, the Court may under Order XVI, Rule 12 impose a fine up to:

A) 2000 Taka

B) 500 Taka

C) 5000 Taka

D) 100 Taka

80 / 100

The jurisdiction to try a person for an offence depends upon:

A) The place where the crime has been committed

B) The residence of the victim

C) The location of the arresting officer

D) The nationality of the offender

81 / 100

In a decree for partition of an estate assessed to the payment of revenue to the Government, the partition shall be made by:

A) The eldest son

B) A private lawyer

C) The Judge personally

D) The Collector or any gazetted subordinate deputed by him

82 / 100

Under Order XI, Rule 14, the Court may order the production of documents which are in the possession or power of:

A) The local police station

B) Any third party stranger

C) Any party to the suit, relating to any matter in question

D) The Government only

83 / 100

A person is not liable for abetment if the act abetted is:

A) Punishable by fine only

B) A strict liability offence

C) A moral wrong

D) A minor offence

84 / 100

A tenant for life cannot obtain specific performance if the contract was made in excess of his power. This is an application of rules regarding who may obtain specific performance under:

A) Section 27

B) Section 25

C) Section 30

D) Section 23

85 / 100

When the Court frames issues under Order XIV, an issue of law should be tried first as a preliminary issue only if it relates to:

A) The amount of damages

B) The jurisdiction of the Court or a bar to the suit created by any law

C) The credibility of witnesses

D) The admissibility of a minor document

86 / 100

Can a Civil Court call into question a conditional order duly made by an Executive Magistrate for the removal of a public nuisance under Section 133?

A) Only via the Supreme Court

B) Yes, anytime

C) No (Section 133(2) prohibits it)

D) Yes, if property value is high

87 / 100

Section 561A of the CrPC deals with the "Inherent Power" (অন্তর্নিহিত ক্ষমতা) of which Court?

A) All Criminal Courts

B) The Court of Session

C) The Chief Metropolitan Magistrate

D) The High Court Division

88 / 100

What is the maximum duration a Magistrate can authorize the detention of an accused in police custody (Police Remand) in total under Section 167?

A) 10 days

B) 7 days

C) 30 days

D) 15 days

89 / 100

Section 108 of Evidence Act relates to

A) presumption of relationship.

B) presumption of death

C) presumption of legitimacy

D) presumption of life

90 / 100

Under Order IX, Rule 13, an ex-parte decree CANNOT be set aside merely on the ground of:

A) Sufficient cause preventing appearance

B) Fraud

C) Non-service of summons

D) Any irregularity in the service of summons, if the defendant had notice of the date of hearing

91 / 100

In criminal trials, the accused has to establish his plea mitigation or justification of an offence

A) substantially

B) beyond reasonable doubt

C) prima facie

D) either (a) or (c).

92 / 100

Taking away gold articles/jewellery from a person after murdering them is considered:

A) Criminal misappropriation

B) Theft

C) Extortion

D) Robbery

93 / 100

Under the Penal Code, causing the death of a child in the mother's womb is:

A) Infanticide

B) Not homicide

C) Murder

D) Culpable homicide

94 / 100

How should fee disputes between an advocate and client be resolved?

A) Tribunal complaint

B) By filing lawsuit

C) Police complaint

D) Settlement avoiding lawsuit

95 / 100

Does Section 17 apply to suits for the possession of immoveable property?

A) Only in urban areas

B) No

C) Yes

D) Only if the deceased left a will

96 / 100

A declaration made under Chapter VI is binding ONLY on the parties to the suit and:

A) The police

B) The general public

C) The State

D) Persons claiming through them respectively (and trustees)

97 / 100

For Section 14 to apply, the previous proceeding must have been prosecuted with:

A) Written permission

B) Extreme wealth

C) Legal counsel

D) Due diligence and in good faith

98 / 100

Order XVII, Rule 3 allows the Court to proceed to decide the suit forthwith if a party fails to:

A) Appear on the first day

B) Pay their lawyer

C) Provide security for costs

D) Produce their evidence or cause the attendance of their witnesses on the time granted

99 / 100

Section 500 of the Penal Code is NOT applicable in cases of:

A) Defamation

B) Cheating

C) Murder

D) Forgery

100 / 100

To whom does a subordinate Magistrate send a case if, during the trial, he finds from the evidence that he is not competent to try it (Section 346)?

A) He sends it to the High Court Division

B) He dismisses the case

C) He sends it to the Chief Judicial Magistrate or Chief Metropolitan Magistrate

D) He asks the police to reinvestigate

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Bar Council Full Model Test 46 English | 100 Marks 60 Min