Bar Council Full Model Test 48 English

Bar Council Full Model Test 48 (English)

Bangladesh Bar Council Preliminary Full Model Test 48

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

The principle that an Appellate Court can pass any decree which ought to have been passed, even favoring a party who didn't appeal, is embodied in:

A) Order XL, Rule 1

B) Order XLIII, Rule 1

C) Order XLI, Rule 33

D) Order XLI, Rule 1

2 / 100

Estoppel can be

A) by silence

B) all the above.

C) by election

D) by negligence

3 / 100

Estoppel operates in case of a tenant

A) both (a) and (b)

B) during the continuance of tenancy

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

D) who remain in possession after the termination of tenancy by notice to quit

4 / 100

Under Section 23, in the case of a continuing breach of contract, when does a fresh period of limitation begin to run?

A) At every moment of the time during which the breach continues

B) When a notice is served

C) From the first day of breach only

D) At the end of the contract

5 / 100

Under Section 339B(1), if a Court has reason to believe an accused has absconded and there is no immediate prospect of arresting him, the Court shall direct him to appear by order published in:

A) An English international newspaper

B) A television broadcast only

C) Any local magazine

D) One national daily Bangla Newspaper having wide circulation

6 / 100

The roots of Bangladesh Criminal Jurisprudence can be traced to:

A) Manu

B) The British Parliament

C) The US Constitution

D) The Magna Carta

7 / 100

Under Section 339B(2), if an accused absconds AFTER his production/appearance or release on bail, is newspaper publication required before trying him in absentia?

A) Yes, always

B) Only for murder cases

C) No, the procedure of newspaper publication shall not apply

D) Only if he flees the country

8 / 100

Who presides over the general meeting of the Bar Council?

A) Chief Justice

B) Vice-Chairman

C) Chairman

D) Secretary

9 / 100

If the absconding accused fails to comply with the newspaper publication order under 339B(1), what is the consequence?

A) The case is dismissed

B) The trial is postponed indefinitely

C) He shall be tried in his absence (Trial in absentia)

D) His property is automatically given to the state

10 / 100

Estoppel

A) is a cause of action in itself

B) both (a) & (b) are correct

C) creates a cause of action

D) neither (a) nor (b) is correct.

11 / 100

A contracts to sell a picture by a dead painter to B. This contract is specifically enforceable because:

A) B is wealthy

B) A is an artist

C) It is immovable property

D) There is no standard for ascertaining the actual damage caused by non-performance

12 / 100

According to Article 297 of the Constitution of Bangladesh, lands, minerals, and other things of value underlying the ocean within territorial waters shall vest in:

A) The State Government

B) The Coastal Panchayats

C) The Union

D) The United Nations

13 / 100

If the Court finds, before passing judgment, that the accused DID comply with the conditions of the pardon, what MUST the Court do (Section 339A(2))?

A) Fine him

B) Convict him anyway

C) Send him to the High Court

D) Pass judgment of acquittal

14 / 100

If an accused chooses NOT to give evidence as a witness, what is the consequence?

A) He is fined

B) He is presumed guilty

C) His lawyer is dismissed

D) His failure shall not be made the subject of any comment by the parties/Court, nor give rise to any presumption against him

15 / 100

According to Section 339C(1), a Magistrate shall conclude the trial of a case within how many days from receiving it for trial?

A) 180 days

B) 60 days

C) 120 days

D) 90 days

16 / 100

Husband & wife both are competent witness for & against each other

A) neither in civil nor in criminal proceedings.

B) in criminal proceedings

C) in both civil & criminal proceedings

D) in civil proceedings

17 / 100

The offence of criminal breach of trust requires:

A) Forging a document

B) Taking property without consent

C) Use of criminal force

D) Entrusting any person with any property or dominion over property

18 / 100

A respondent in an appeal can file "Cross-Objections" under Order XLI, Rule 22 within how many days from the service of notice of the appeal hearing?

A) 60 days

B) 90 days

C) 30 days

D) 15 days

19 / 100

If an appellant fails to furnish security for costs as ordered by the Appellate Court under Order XLI, Rule 10, the Court shall:

A) Reject the memorandum of appeal

B) Arrest the appellant

C) Fine the appellant

D) Decrease the claim amount

20 / 100

In criminal breach of trust, the person entrusted with the property must:

A) Dishonestly misappropriate the property to his own use

B) Sell the property legally

C) Lose the property due to negligence

D) Return the property in a damaged state accidentally

21 / 100

Which of the following is NOT a ground for Revision under Section 115 of the CPC (English)?

A) The losing party simply dislikes the judgment on facts

B) Subordinate court acted in the exercise of its jurisdiction illegally or with material irregularity

C) Subordinate court exercised jurisdiction not vested in it by law

D) Subordinate court failed to exercise a jurisdiction so vested

22 / 100

Assault or criminal force to deter a public servant from discharge of his duty is punishable under:

A) Section 350 PENAL CODE

B) Section 351 PENAL CODE

C) Section 354 PENAL CODE

D) Section 353 PENAL CODE

23 / 100

When MUST the Court question the accused generally on the case under Section 342?

A) Before the trial begins

B) After the witnesses for the prosecution have been examined and before he is called on for his defence

C) During the framing of the charge

D) After the final verdict

24 / 100

Criminal force in the Penal Code is equivalent to what in English law?

A) Battery

B) Assault

C) Manslaughter

D) Larceny

25 / 100

An accused undresses and rubs his genitals on the private parts of a girl but fails to penetrate, ejaculating outside. Under which sections is he liable?

A) Section 354 penal code only

B) Section 509 PENAL CODE

C) Section 376 penal code only

D) Section 511 read with Section 376 PENAL CODE

26 / 100

When determining the time for the purpose of a trial under Section 339C, what days are NOT counted?

A) Days spent on account of the absconsion of an accused after his release on bail

B) Weekends

C) Days the judge is sick

D) Public holidays

27 / 100

A lets land to B, and B contracts to cultivate it in a particular manner for 3 years. This cannot be specifically enforced because it is a:

A) Short-term lease

B) Illegal act

C) Continuous duty involving minute details / Court cannot superintend

D) Revocable contract

28 / 100

If an indigent person's suit is successful, the unpaid court fees are:

A) Waived entirely

B) Deducted from the judge's salary

C) Recovered by the Government from any party ordered by the decree to pay the same

D) Paid by a charity

29 / 100

To whom should a Bar Council member submit their resignation?

A) Minister of Law

B) Chief Justice

C) Secretary

D) Chairman

30 / 100

Under Section 342(1), why does the Court examine the accused without previously warning him?

A) To trick him into confessing

B) To save time

C) To cross-examine him for the prosecution

D) For enabling the accused to explain any circumstances appearing in the evidence against him

31 / 100

When an application for permission to sue as an indigent person (Order XXXIII) is granted, the plaintiff is exempted from paying:

A) Diet money for their own witnesses

B) The lawyer's fees

C) Income tax

D) The fee prescribed by law for the plaint

32 / 100

In Section 20, "Debt" includes:

A) Only verbal promises

B) Money payable under a decree or order of Court

C) Moral obligations

D) Only bank loans

33 / 100

A person is competent to testify

A) if has (a) only and not (b).

B) if he is able to give rational awareness to those questions

C) if he understands the question put to him

D) if has both (a) & (b)

34 / 100

How many years of lower court practice are needed for High Court permission?

A) 5 years

B) 1 year

C) 2 years

D) 3 years

35 / 100

The Bangladesh Penal Code punishes:

A) Involuntary acts

B) Reflex acts

C) Accidental acts

D) Voluntary acts

36 / 100

Under Order XLI, Rule 1, the memorandum of appeal must state the grounds of objection:

A) With lengthy arguments and evidence

B) Concisely and under distinct heads, without any argument or narrative

C) Only verbally

D) In a separate suit

37 / 100

The offence of extortion can be committed against:

A) Immovable property, movable property, and valuable security

B) Movable property only

C) Immovable property only

D) Valuable security only

38 / 100

A railway company contracts with Z to make an archway. Specific performance can be enforced because:

A) It's a public duty

B) The railway company is rich

C) Z is a politician

D) Z's interest in performance cannot be adequately compensated for by money

39 / 100

An application for "Review" under Order XLVII can be rejected without serving notice to the opposite party if:

A) It appears to the Court that there is not sufficient ground for a review

B) The opposite party is absent

C) The lawyer is late

D) The applicant pays a fine

40 / 100

Rule of estoppel of tenants and of licence of person in possession is contained in

A) section 117 of Evidence Act

B) section 119 of Evidence Act.

C) section 116 of Evidence Act

D) section 118 of Evidence Act

41 / 100

Once an application for Review is granted by the Court, the previous judgment is:

A) Sent to the Supreme Court

B) Transferred to a criminal court

C) Immediately deleted from records

D) Re-opened and the case is heard afresh on the grounds allowed

42 / 100

The Summary Procedure under Order XXXVII is intended to prevent unreasonable delay by the defendant. The defendant cannot defend the suit unless they:

A) Deposit the whole claimed amount

B) Bring five witnesses

C) File a counter-claim

D) Enter an appearance and obtain leave from the Court to defend

43 / 100

The time limits for trial disposal under Section 339C do NOT apply to trials of cases under which Penal Code sections?

A) Sections 420 (Cheating)

B) Sections 400 or 401 (Belonging to a gang of dacoits/thieves)

C) Sections 302 or 304 (Murder/Culpable Homicide)

D) Sections 379 or 380 (Theft)

44 / 100

Does Section 22(1) apply if a party is added owing to an assignment of an interest during the pendency of a suit?

A) Only for plaintiffs

B) Only for defendants

C) No, Section 22(2) explicitly excludes this

D) Yes

45 / 100

The aim of Criminal Law is:

A) Punishment

B) Civil restitution

C) Reformation only

D) Compensation

46 / 100

Under Section 340(1), any person accused of an offence before a Criminal Court may of right be defended by:

A) A police officer

B) A Magistrate

C) A pleader (lawyer)

D) A family member only

47 / 100

The expression "a statute may relate to such a subject-matter... to make an act criminal whether there has been any intention to break the law... or not" is from which classic case?

A) K.M. Nanavati v. State of Maharashtra

B) R. v. Tolson

C) R. v. Dudley and Stephens

D) R. v. Prince

48 / 100

An "Appeal from Order" (Miscellaneous Appeal) under Order XLIII lies against an order:

A) Granting or refusing a temporary injunction under Order XXXIX

B) Recording the statements of a witness

C) Granting a final decree in a partition suit

D) Summarily dismissing a suit on merits

49 / 100

Under Section 24, for an act not actionable without special damage, when does the period of limitation begin?

A) When the defendant admits liability

B) When the plaintiff discovers the act

C) When the injury results

D) When the act is done

50 / 100

Under section 118 who amongst the following are competent witnesses

A) child

B) lunatic

C) all the above.

D) accused

51 / 100

Under Section 341, if an accused (who is NOT insane) cannot be made to understand the proceedings, the Court may proceed. If it results in a conviction, the proceedings must be forwarded to:

A) The District Magistrate

B) The High Court Division

C) The Medical Board

D) The President

52 / 100

A contracts to pay an annuity to B for the lives of C and D. C was dead at the date of the contract. The contract:

A) Can be enforced for D's life

B) Is valid and binding fully

C) Cannot be specifically performed

D) Must be rectified

53 / 100

(Illustration) B digs coal under A's surface field. Surface subsides later. When does A's limitation period against B run?

A) From the time of the subsidence

B) Never

C) From the time B started digging

D) From the time A bought the field

54 / 100

Estoppel deals with

A) both (a) & (b)

B) question of facts

C) neither (a) nor (b).

D) question of right

55 / 100

Trustees empowered to sell trust-property worth 1 lakh contract to sell it to C for 30,000. C cannot enforce specific performance because the contract is:

A) Verbal

B) Expired

C) Unregistered

D) So disadvantageous as to be a breach of trust

56 / 100

Which report of the Law Commission recommended the revision of the Bangladesh Penal Code?

A) 10th report

B) 42nd report

C) 50th report

D) 1st report

57 / 100

Under Order XL, Rule 1, a Receiver can be appointed:

A) Only by the Supreme Court

B) Only before a decree is passed

C) Only after a decree is passed

D) Either before or after a decree is passed, when it appears just and convenient

58 / 100

Under Section 339C(4), what may happen if a trial for a NON-bailable offence cannot be concluded within the specified time (180/360 days)?

A) The judge is fired

B) The accused is automatically acquitted

C) The accused may be released on bail to the satisfaction of the Court (unless Court records reasons otherwise)

D) The case is dismissed

59 / 100

A sues for specific performance to have shares allotted. The shares were already allotted before the suit. The Court may:

A) Dismiss the suit without relief

B) Create new shares

C) Arrest the directors

D) Award A compensation for the non-performance

60 / 100

Within how many days can an appeal be filed if the Tribunal dismisses a complaint?

A) 90 days

B) 120 days

C) 30 days

D) 60 days

61 / 100

The estoppel in section 115 of Evidence Act

A) all the above.

B) is an estoppel by record

C) is an estoppel by pais

D) is an estoppel by deed

62 / 100

Ex-parte temporary injunctions (without notice to the opposite party) should generally be granted only when:

A) The suit is filed on a Sunday

B) The plaintiff requests it

C) The defendant is rich

D) The object of granting the injunction would be defeated by the delay of giving notice

63 / 100

In a suit for foreclosure (Order XXXIV, Rule 2), the preliminary decree declares the amount due and gives the mortgagor time to pay. If they fail, the mortgagee can apply for a:

A) Summary judgment

B) Arrest warrant

C) Final decree debarring the mortgagor from all rights to redeem the property

D) Fresh suit

64 / 100

A contracts to buy 40 chests of indigo at 1,000 Taka per chest. Specific performance cannot be enforced because:

A) The amount is too large

B) Both A and B would be reimbursed by compensation in money

C) Indigo is illegal

D) Indigo is perishable

65 / 100

Under Section 20(2), if mortgaged land is in the possession of the mortgagee, what is deemed to be a payment?

A) Paying land tax

B) Foreclosure

C) Selling the land

D) Receipt of the rent or produce of such land

66 / 100

An accused shall NOT be called as a witness for the defence EXCEPT:

A) When the victim demands it

B) When the police force him

C) On his own request in writing

D) When the judge orders it

67 / 100

Temporary injunctions (Order XXXIX, Rule 1) can be granted if the property in dispute is in danger of being:

A) Improved by the defendant

B) Sold at a fair market price legally

C) Wasted, damaged, or alienated by any party to the suit

D) Taxed by the government

68 / 100

Attachment before judgment (Order XXXVIII, Rule 5) is NOT to be ordered merely because:

A) Both A and C are valid grounds; B is invalid

B) The plaintiff has a weak case and wants to harass the defendant

C) The defendant is about to dispose of their property to delay execution

D) The defendant is removing their property from the court's jurisdiction

69 / 100

"Reference" to the High Court Division under Order XLVI is made by the subordinate court:

A) Because the judge is tired

B) Because there is a reasonable doubt as to a question of law or validity of an Act/Ordinance

C) To ask for a salary raise

D) To complain about a lawyer

70 / 100

If a person is accused in several cases brought for trial before a Court, how does the time limit run under Section 339C(2A)?

A) Consecutively (one after another)

B) The time limits are waived

C) Concurrently (at the same time)

D) Only the longest time limit applies

71 / 100

In which of the following there is no estoppel

A) all the above.

B) attestation of a deed

C) against a statute

D) on a point of law

72 / 100

An Interpleader Suit (Order XXXV) cannot be instituted by:

A) A tenant seeking to compel their landlord to interplead with a third party claiming through the landlord

B) A warehouse keeper

C) A bank holding a disputed deposit

D) An insurance company

73 / 100

According to Section 339C(2), a Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge shall conclude a trial within how many days?

A) 180 days

B) 360 days

C) 240 days

D) 720 days

74 / 100

If a case is transferred from one Court to another, does the time limit for concluding the trial restart?

A) Yes

B) Only if the accused requests it

C) No, the specified time shall be the time for concluding the trial

D) Only for Sessions Courts

75 / 100

Under Section 21(1), the expression "agent duly authorised" for a person under disability includes:

A) Any lawyer

B) His elder sibling

C) His neighbor

D) His lawful guardian, committee or manager

76 / 100

The limits of Bangladesh's Territorial Waters is described under which section of the Territorial waters... Act, 1976?

A) Section 2

B) Section 3

C) Section 5

D) Section 4

77 / 100

Estoppel can be

A) all the above.

B) by deed resulting from entering into a solemn engagement as to certain facts

C) by matter of record resulting from the judgment of a competent court

D) by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

78 / 100

Can an Appellate Court remand a case (send it back for retrial) if it feels the lower court omitted to frame an essential issue?

A) No, it must try the issue itself using witnesses

B) No, it must dismiss the appeal

C) Yes, under Order XLI, Rule 25, it may frame the issues and refer them for trial to the lower court

D) Yes, but only with the consent of the High Court

79 / 100

The use of force caused to property without affecting a human being is:

A) NOT the "use of force" defined in Section 349 of the Penal Code

B) Battery

C) Assault

D) Criminal force

80 / 100

A dumb person is a competent witness as provided under

A) section 120 of Evidence Act

B) section 119 of Evidence Act

C) section 118 of Evidence Act

D) section 121 of Evidence Act.

81 / 100

In Bangladesh, the law relating to the offence of perjury is given a statutory definition under:

A) Section 192 PENAL CODE

B) Section 190 PENAL CODE

C) Section 193 PENAL CODE

D) Section 191 PENAL CODE

82 / 100

Under Section 22(1), when a new plaintiff or defendant is substituted or added after a suit is instituted, the suit is deemed instituted against him:

A) On the original filing date

B) When he was so made a party

C) From the date of the cause of action

D) At the time of the final hearing

83 / 100

Whose signature is on the advocate enrollment certificate?

A) Chairman or Vice-Chairman

B) Vice-Chairman

C) Chairman

D) Enrollment Chairman

84 / 100

A contracts to sell 100 bighas to B. 50 belong to a stranger who refuses to sell. B can get a decree for the 50 belonging to A ONLY IF he:

A) Waives all right to compensation for the deficiency

B) Cancels the contract

C) Pays half the price

D) Sues the stranger

85 / 100

Under section 116 of Evidence Act, the tenant is estopped

A) both (a) & (b)

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

C) from denying the title to the property, of the landlord

D) from denying the title to the property, of the actual owner

86 / 100

According to Section 340(3), can an accused person be a competent witness for the defence and give evidence on oath in his own trial?

A) Yes, he may give evidence in disproof of the charges

B) Only if the prosecution calls him

C) No, never

D) Only in civil courts

87 / 100

By virtue of the Vienna Convention, who is entitled to immunity against criminal prosecutions?

A) Interpol police officers

B) Multi-national corporate CEOs

C) Ambassadors, High commissioners, Diplomatic agents and UN representatives

D) Foreign tourists

88 / 100

If A contracts to sell a house to B for 1000 Taka, the Court will direct A to convey it because of the presumption that:

A) B has no house

B) Houses are cheap

C) A has many houses

D) Breach of contract to transfer immoveable property cannot be adequately relieved by compensation

89 / 100

A tenant or licencee under section 116 of Evidence Act is estopped from denying the title of landlord

A) after the surrender of possession under tenancy or licence

B) all the above.

C) after the creation of tenancy or licence

D) during the continuance of tenancy

90 / 100

An acknowledgment made by the manager of a Hindu undivided family (Section 21(3)):

A) Is deemed to have been made on behalf of the whole family

B) Requires consent of all members

C) Is invalid

D) Binds only the manager

91 / 100

In addition to the newspaper, where ELSE may the Court direct the appearance order to be published?

A) A radio station

B) The official website of the District/Sessions Judge Court, CJM Court, CMM Court, DC office, or Bangladesh Police

C) A billboard in the capital

D) A foreign embassy

92 / 100

Fabricating false evidence is defined under which section of the Penal Code?

A) Section 192

B) Section 193

C) Section 190

D) Section 191

93 / 100

In the offence of extortion, trust may be used against:

A) Only family members

B) Anyone

C) Only business partners

D) Only public servants

94 / 100

In the illustration where A leaves furniture with B (his agent) and B pledges it to C without authority, C can be compelled to deliver it to A because:

A) The furniture is cheap

B) C stole it

C) C holds it as A's trustee

D) B is missing

95 / 100

Order XLIV deals with appeals by indigent persons. The Appellate Court will reject the application to appeal as an indigent person if it sees no:

A) Criminal history

B) Proof of property ownership

C) Wealth in the applicant's family

D) Reason to think that the decree is contrary to law or some usage having the force of law, or is otherwise erroneous or unjust

96 / 100

Actus Reus includes:

A) Neither positive nor negative acts

B) Only negative acts

C) Only positive acts

D) Both positive and negative acts

97 / 100

Does a written acknowledgment signed by one of several joint partners automatically bind the other partners under Section 21(2)?

A) Yes, always

B) No, it does not render others chargeable by reason only of that signature

C) Yes, if they are blood relatives

D) Yes, if the business is registered

98 / 100

Under Section 340(2), a person against whom proceedings are instituted for keeping the peace (Sec 107, Chapter X, XI, XII) may:

A) Flee the country

B) Offer himself as a witness in such proceedings

C) Not speak in court

D) Be forced to confess

99 / 100

Is an affidavit considered "evidence" within the meaning of Section 191 of the Penal Code?

A) Only if filed in High Court

B) Only if notarized internationally

C) Yes

D) No

100 / 100

Estoppel

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

B) may be specifically pleaded or may not be specifically pleaded

C) need not be specifically pleaded

D) should be specifically pleaded

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Bar Council Full Model Test 48 English | 100 Marks 60 Min