Bar Council Full Model Test 47 English

Bar Council Full Model Test 47 (English)

Bangladesh Bar Council Preliminary Full Model Test 47

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

Culpable homicide is not amounting to murder if committed in:

A) Exercise of right of private defence in good faith

B) Execution of a planned conspiracy

C) Cold blood

D) A state of voluntary intoxication

2 / 100

Who acts as the Returning Officer for Bar Council elections?

A) Secretary

B) Attorney General

C) Chairman

D) Appointed by Attorney General

3 / 100

A "Consent Decree" or compromise decree passed under Order XXIII, Rule 3 is fundamentally based on:

A) The judge's sole discretion

B) The finding of a jury

C) A lawful agreement or compromise between the parties

D) The report of a police officer

4 / 100

The doctrine of estoppel is contained in

A) section 114 of Evidence Act

B) section 112 of Evidence Act.

C) section 115 of Evidence Act

D) section 113 of Evidence Act

5 / 100

The appointment of receivers under Section 44 rests in the:

A) Orders of the government

B) Discretion of the Court

C) Will of the defendant

D) Demands of the plaintiff

6 / 100

Order XXII deals with Death, Marriage, and Insolvency of parties. The "right to sue" generally does NOT survive in cases of:

A) Recovery of money

B) Property disputes

C) Personal injuries or defamation (Actio personalis moritur cum persona)

D) Breach of commercial contract

7 / 100

Section 339 of the Bangladesh Penal Code defines the offence of:

A) Wrongful restraint

B) Assault

C) Criminal force

D) Wrongful confinement

8 / 100

Under Order XXVI, a Commissioner appointed to make a local investigation has the power to:

A) Pass a final decree

B) Grant temporary injunctions

C) Examine any person as a witness and call for documents relevant to the investigation

D) Send parties to jail

9 / 100

Under Section 339A, when a Court tries a person who allegedly violated a pardon, it must ask the accused whether he pleads compliance with the pardon conditions. WHEN must a Court of Session ask this?

A) During cross-examination

B) Before the charge is read out and explained

C) After the final verdict

D) During police investigation

10 / 100

Presumption as to dowry death is contained in

A) section 113B of Evidence Act

B) section 111A of Evidence Act

C) section 113A of Evidence Act

D) section 113 of Evidence Act.

11 / 100

An injunction cannot be granted to prevent the breach of a contract the performance of which:

A) Would not be specifically enforced

B) Involves money

C) Is written and registered

D) Is guaranteed

12 / 100

The punishment for the offence of molestation under the Penal Code is imprisonment up to:

A) One year

B) Two years

C) Three years

D) Seven years

13 / 100

Under Order XXIII, Rule 1, a suit cannot be unconditionally withdrawn by:

A) A plaintiff who is an adult

B) A female plaintiff

C) A sole plaintiff

D) One of several co-plaintiffs without the consent of the other co-plaintiffs

14 / 100

Every person accepting a tender of pardon under Section 337 MUST be examined as a:

A) Co-accused

B) Witness in the Court of the Magistrate and in the subsequent trial

C) Prosecutor

D) Jury member

15 / 100

If an offence is still under investigation, a Magistrate of the first class (other than the CJM) can tender a pardon ONLY if he has jurisdiction AND obtains the sanction of:

A) The Chief Judicial Magistrate

B) The District Magistrate

C) The Police Commissioner

D) The High Court

16 / 100

Under Section 337, who has the power to tender a pardon to an accomplice (রাজসাক্ষী) during an investigation or inquiry?

A) Any police officer

B) The Public Prosecutor only

C) A Metropolitan Magistrate or any Magistrate of the first class

D) Only a Sessions Judge

17 / 100

Estoppels are binding

A) upon strangers to the lis

B) upon privies of the litigating parties

C) both (a) & (b) only.

D) upon litigating parties

18 / 100

In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under section 112 of Evidence Act arises

A) none of the above.

B) if the father is alive on the day the child is born

C) irrespective of whether the father is alive or dead on the day the child is born

D) if the father is not alive on the day the child is born

19 / 100

"Signed" in Section 19 means signed:

A) Only personally

B) By a magistrate

C) Only by an agent

D) Either personally or by an agent duly authorized

20 / 100

Can the statement made by a person who accepted a pardon be given in evidence against him at his subsequent trial for violating the pardon?

A) Only if his lawyer is present

B) No, it violates self-incrimination rules

C) Only in civil courts

D) Yes

21 / 100

Before attaching agricultural produce in execution of a decree, the Court must consider:

A) The market price of the crops

B) Leaving a sufficient quantum for the judgment-debtor and his family to live on until the next harvest

C) The weather conditions

D) Nothing, it can be fully attached

22 / 100

Under Section 20, what is the effect of payment on account of a debt before the expiration of the prescribed period?

A) The limitation is halved

B) It has no effect on limitation

C) The debt is forgiven

D) A fresh period of limitation shall be computed from the time payment was made

23 / 100

To prevent the breach of an obligation, if it is necessary to compel the performance of certain acts, the Court may grant a:

A) Rescission

B) Mandatory injunction

C) Declaratory decree

D) Temporary injunction only

24 / 100

Can a person who violated their pardon be tried JOINTLY with the other accused in the main case?

A) Yes, to save time

B) Only if the judge allows it

C) Only in a summary trial

D) No, such person shall not be tried jointly with any of the other accused

25 / 100

Poaching another advocate's client is what type of offense?

A) Criminal offense

B) Professional misconduct

C) Not an offense

D) Civil offense

26 / 100

Every Magistrate who tenders a pardon under Section 337(1) shall:

A) Publish it in the newspaper

B) Give the accused a reward

C) Record his reasons for so doing

D) Dismiss the main case

27 / 100

Culpable homicide does not amount to murder if committed:

A) By a public servant doing his duty

B) While committing dacoity

C) Without premeditation in a sudden fight in the heat of passion

D) By poisoning someone slowly

28 / 100

A minor must sue through a Next Friend. If the minor attains majority during the suit, they must elect to proceed or abandon. If they decide to abandon the suit, who usually pays the costs?

A) The Government

B) The minor (now adult), or they may apply to make the Next Friend pay if the suit was unreasonable

C) The Court

D) The Defendant

29 / 100

An injunction CANNOT be granted to stay proceedings in any:

A) Family matter

B) Civil matter

C) Criminal matter

D) Revenue matter

30 / 100

Can a defaulting purchaser at an execution auction bid again for the same property in the re-sale?

A) Yes, without restriction

B) No, he shall not bid for or purchase the property at the re-sale

C) Yes, if the decree-holder permits

D) Yes, if he pays a fine

31 / 100

Culpable homicide amounts to murder if the act is done with the intention of causing bodily injury:

A) Which leaves a scar

B) Which disables a limb temporarily

C) Which causes mild pain

D) Sufficient in the ordinary course of nature to cause death

32 / 100

Offences relating to the contempt of lawful authority of public servants are contained in which Chapter of the Penal Code?

A) Chapter V

B) Chapter VIII

C) Chapter XX

D) Chapter X

33 / 100

An acknowledgment of liability under Section 19 must be made:

A) Through a public notice

B) Before the expiration of the prescribed period

C) After the limitation period has expired

D) Orally

34 / 100

Under Order XXIV, Rule 1, the defendant may deposit in Court such sum of money as they consider a satisfaction in full of the plaintiff's claim. What is the effect on 'interest' if the plaintiff accepts it?

A) Interest on the deposited sum ceases to run from the date of notice of the deposit

B) No effect

C) The plaintiff must pay interest to the defendant

D) Interest doubles

35 / 100

The doctrine of estoppel is a

A) law of pleadings.

B) substantive law

C) rule of equity

D) rule of evidence

36 / 100

In the offence of kidnapping, the consent of the minor is:

A) Material for reducing punishment

B) Not at all material

C) Material if the minor is above 12 years

D) Wholly material

37 / 100

What happens to a person who accepts a pardon if they are not already on bail (Section 337(3))?

A) They are handed over to the military

B) They are sent to a safe house

C) They are immediately released

D) They shall be detained in custody until the termination of the trial

38 / 100

Under Order XXX, two or more persons carrying on business as partners may sue or be sued in the name of:

A) The firm name

B) The manager only

C) The eldest partner only

D) Their respective fathers

39 / 100

Section 302 of the Bangladesh Penal Code prescribes:

A) The definition of culpable homicide

B) The punishment for dacoity

C) The definition of murder

D) The punishment for the offence of murder

40 / 100

Order XXV deals with Security for Costs. The Court may order the plaintiff to furnish security for costs primarily when:

A) The plaintiff is extremely rich

B) The plaintiff is a minor

C) The defendant demands it randomly

D) The plaintiff resides out of Bangladesh and does not possess sufficient immovable property within Bangladesh

41 / 100

The Court of Session under Section 338 may tender the pardon itself, or order whom to tender it?

A) The Public Prosecutor

B) Any third class Magistrate

C) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate

D) The Investigating Officer

42 / 100

Does an acknowledgment need to specify the exact nature of the property or right to be valid under Section 19?

A) Only for debts over 1 lakh Taka

B) No, it may be sufficient even if it omits the exact nature

C) Only for real estate

D) Yes, strictly

43 / 100

What is the primary condition upon which a pardon is tendered to an accomplice under Section 337?

A) He pays a hefty fine

B) He makes a full and true disclosure of the whole circumstances within his knowledge relative to the offence

C) He pleads guilty to a lesser charge

D) He agrees to go into exile

44 / 100

No prosecution for the offence of giving false evidence (perjury) in respect of a pardoned statement shall be entertained WITHOUT the sanction of:

A) The District Magistrate

B) The High Court Division

C) The Sessions Judge

D) The Attorney General

45 / 100

Only movable property is the subject matter of:

A) Theft

B) Robbery

C) Dacoity

D) Extortion

46 / 100

Presumption under section 114 of Evidence Act can be raised having regard to the common course of

A) all of the above.

B) human conduct

C) public and private business

D) natural events

47 / 100

An injunction may be granted where there exists no standard for ascertaining the actual damage caused by the:

A) Registration process

B) Execution of decree

C) Invasion

D) Delay in court

48 / 100

If an acknowledgment in writing is undated, can oral evidence be given of the time it was signed?

A) No, it becomes invalid

B) Yes

C) Only if there are two witnesses

D) Only documentary evidence is allowed

49 / 100

An injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, EXCEPT in case of:

A) Mistake

B) Breach of trust

C) Nuisance

D) Fraud

50 / 100

Section 403 of the Bangladesh Penal Code defines the offence of:

A) Robbery

B) Dishonest misappropriation of property

C) Cheating

D) Criminal breach of trust

51 / 100

Personating a public servant is an offence under which section of the Penal Code?

A) Section 170

B) Section 419

C) Section 166

D) Section 464

52 / 100

Grave and sudden provocation is considered a:

A) Question of fact

B) Mixed question of law and fact

C) General exception

D) Question of law

53 / 100

Presumption as to abetment of suicide by a married woman has been provided

A) under section 111A of Evidence Act

B) under section 113 of Evidence Act.

C) under section 113B of Evidence Act

D) under section 113A of Evidence Act

54 / 100

Under Section 18, if a person is kept from the knowledge of his right to sue by fraud, when does the time begin to run?

A) 12 years after the fraud

B) From the time when the fraud first became known to the person injuriously affected

C) From the date the fraud was committed

D) From the date of the contract

55 / 100

Under Section 57, the Court can grant an injunction to perform a negative agreement even if unable to compel specific performance of the affirmative agreement, provided the applicant:

A) Modifies the contract

B) Is a government entity

C) Has not failed to perform the contract so far as it is binding on him

D) Has paid a penalty

56 / 100

When must a Magistrate's Court ask the accused if he complied with the pardon conditions under Section 339A?

A) At the time of sentencing

B) During the bail hearing

C) Before the evidence of the prosecution witnesses is taken

D) After the defence rests its case

57 / 100

Order XXVII sets the procedure for suits involving the Government. No execution shall generally be issued against the Government unless the decree remains unsatisfied for a specific period (often computed as months). This protection is essentially provided by:

A) Section 82

B) Section 115

C) Section 151

D) Section 10

58 / 100

Culpable homicide amounts to murder if the person committing the act knows that it is:

A) Punishable by law

B) Likely to cause simple hurt

C) So imminently dangerous that it must in all probability, cause death

D) Morally wrong

59 / 100

When a judgment-debtor is arrested and brought before the Court, the Court must inform them that they can apply to be declared an:

A) Insane person

B) Indigent person

C) Insolvent

D) Absconder

60 / 100

Making imputations or assertions prejudicial to national integration is an offence under:

A) Section 500 PENAL CODE

B) Section 124A PENAL CODE

C) Section 153B PENAL CODE

D) Section 121A PENAL CODE

61 / 100

Where must an advocate cast their vote in Bar Council elections?

A) Dhaka only

B) Permanent address

C) Any center

D) Their respective Bar Association

62 / 100

If a pardoned accomplice violates the conditions of the pardon, he may be tried for:

A) Only the offence of perjury

B) Contempt of court only

C) The offence for which the pardon was tendered, or any other connected offence

D) He cannot be tried again

63 / 100

What is the effect of a valid acknowledgment under Section 19?

A) The suit is automatically won

B) A fresh period of limitation shall be computed from the time it was signed

C) It stops time permanently

D) The limitation period is extended by 6 months

64 / 100

Section 112 of Evidence Act applies when there is a dispute regarding

A) both (a) & (b)

B) maternity of a child

C) paternity of a child

D) either (a) or (b).

65 / 100

Section 114 of Evidence Act provides for certain

A) presumption of facts & law both.

B) presumption of facts

C) irrebuttable presumptions of law

D) rebuttable presumptions of law

66 / 100

Which of the following sections creates a specific offence?

A) Section 149

B) Section 34

C) Section 95

D) Section 80

67 / 100

What is the form requirement for an acknowledgment under Section 19?

A) It must be registered

B) It must be in writing and signed

C) It must be notarized

D) It must be typed

68 / 100

Presumption under section 112 of Evidence Act is raised

A) when a child is born during the continuance of a valid marriage

B) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

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

D) in both (a) & (b)

69 / 100

The offence of murder is defined under which section of the Penal Code?

A) Section 300

B) Section 304

C) Section 299

D) Section 302

70 / 100

At his separate trial, the person who allegedly violated his pardon is entitled to plead that:

A) He forgot the facts

B) He was forced to confess

C) He has complied with the conditions upon which the tender was made

D) The police lied

71 / 100

A perpetual injunction can only be granted by the:

A) Decree made at the hearing and upon the merits of the suit

B) Executive order

C) Interlocutory order

D) Registrar's order

72 / 100

Offences relating to marriage are provided in which Chapter of the Penal Code?

A) Chapter 20

B) Chapter 22

C) Chapter 16

D) Chapter 10

73 / 100

Which chapter of the Canons covers conduct towards other advocates?

A) Chapter 2

B) Chapter 4

C) Chapter 1

D) Chapter 3

74 / 100

Under Section 18, if a necessary document is fraudulently concealed, limitation starts when:

A) The court orders a search

B) The defendant confesses

C) The person first had the means of producing it or compelling its production

D) The police are informed

75 / 100

Estoppel is a rule of

A) civil action

B) criminal action

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

D) both civil and criminal action

76 / 100

If a Magistrate of the first class is making an inquiry/trial, can he tender a pardon without sanction?

A) Only if the police agree

B) Yes, if he is the Magistrate holding the inquiry/trial

C) Only in murder cases

D) No, he always needs the Chief Judicial Magistrate's sanction

77 / 100

The offence of culpable homicide is defined under which section of the Penal Code?

A) Section 299

B) Section 307

C) Section 300

D) Section 304

78 / 100

Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

A) within 5 years of marriage

B) within 1 year of marriage.

C) within 7 years of marriage

D) within 3 years of marriage

79 / 100

A pardon can be tendered under Section 337 for offences triable exclusively by the Court of Session, or offences punishable with imprisonment extending to:

A) 7 years

B) 3 years

C) 10 years

D) 5 years

80 / 100

Culpable homicide not amounting to murder is punishable with:

A) Imprisonment for life or imprisonment for 10 years

B) Imprisonment for 7 years

C) Death penalty

D) Maximum 14 years imprisonment

81 / 100

When an execution sale becomes absolute, the Court grants the purchaser a document specifying the property and the date of sale. This is called a:

A) Certificate of Sale

B) Sale Deed

C) Proclamation

D) Subpoena

82 / 100

If the accused pleads that he complied with the pardon conditions, whose burden is it to prove that the conditions have NOT been complied with?

A) The accused

B) The Police

C) The prosecution

D) The Court

83 / 100

Under Order XXI, Rule 89, the judgment-debtor can set aside the sale of his immovable property by depositing in court the amount specified in the proclamation plus a penalty to the purchaser of:

A) 2% of the purchase money

B) 20% of the purchase money

C) 10% of the purchase money

D) 5% of the purchase money

84 / 100

Order XXI, Rule 66 requires the Court to draw up a proclamation of sale. Such proclamation must state:

A) All of the above

B) The time and place of sale

C) The property to be sold

D) The encumbrances to which the property is liable

85 / 100

A decree for the restitution of conjugal rights cannot be enforced by:

A) A fresh civil suit

B) Attachment of property

C) Sending the spouse to civil prison

D) Both A and B

86 / 100

The deciding factor under section 112 of Evidence Act is

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

B) the date of conception of the child

C) the date of birth of the child

D) the date of birth or the date of conception depending on the facts & circumstances

87 / 100

An attachment of property under Order XXI remains valid until:

A) The attachment is expressly lifted by the Court

B) The execution application is dismissed

C) The decree is fully satisfied

D) All of the above are valid grounds for it to cease

88 / 100

An injunction cannot be granted where the applicant has no:

A) Financial interest

B) Witnesses

C) Legal representation

D) Personal interest in the matter

89 / 100

What happens to an advocate's certificate if they take full-time employment?

A) Partially valid

B) Remains valid

C) Cancelled

D) Suspended

90 / 100

Presumption

A) is a proof

B) shows on whom the burden of proof lies

C) is an evidence

D) all the above.

91 / 100

The right to private defence is commenced as soon as:

A) Reasonable apprehension of danger to the body arises

B) The police arrive

C) The aggressor causes physical injury

D) A crime is completed

92 / 100

In a suit against a Corporation (Order XXIX), any pleading may be signed and verified on behalf of the corporation by:

A) The Secretary, Director, or other principal officer who is able to depose to the facts

B) The office security guard

C) The local police

D) Any minor shareholder

93 / 100

Can the accused obtain a copy of the Magistrate's record for tendering a pardon?

A) Yes, it is always automatically free

B) Only after the trial is completely over

C) Yes, on application, but he must pay for it unless the Magistrate furnishes it free of cost for special reasons

D) No, it is highly confidential

94 / 100

Temporary injunctions are regulated by the:

A) Code of Civil Procedure

B) Penal Code

C) Constitution

D) Specific Relief Act exclusively

95 / 100

An accomplice is

A) either (a) or (c).

B) cannot be a competent witness against an accused

C) not a competent witness against an accused

D) a competent witness against an accused

96 / 100

For a payment to start a fresh period under Section 20, the acknowledgment of payment must appear in:

A) The creditor's ledger only

B) A bank statement

C) The handwriting of, or in a writing signed by the person making the payment

D) A stamped receipt only

97 / 100

If an application to set aside an execution sale under Order XXI, Rule 90 (on grounds of material irregularity) is dismissed, what is the immediate next step for the Court?

A) Return the property to the debtor

B) Order a fresh auction

C) Make an order confirming the sale, which then becomes absolute

D) Adjourn the matter

98 / 100

Under Section 338, who can direct the tender of a pardon AT ANY TIME before the judgment is passed?

A) Only the Police

B) The Supreme Court only

C) The Court of Session trying the case

D) The victim

99 / 100

Under Section 339, if a person accepting a pardon willfully conceals essential facts or gives false evidence, who must certify this before the person can be tried for the offence?

A) The High Court

B) The Jury

C) The Magistrate who tendered the pardon

D) The Public Prosecutor

100 / 100

If a suit abates due to the death of the plaintiff and failure to substitute legal heirs, the legal representatives:

A) Can file a new suit on the same cause of action

B) Must pay a fine to revive it

C) Are permanently barred from bringing a fresh suit on the same cause of action

D) Must appeal to the Supreme Court

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Bar Council Full Model Test 47 English | 100 Marks 60 Min