Bar Council Full Model Test 49 English

Bar Council Full Model Test 49 (English)

Bangladesh Bar Council Preliminary Full Model Test 49

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 right to private defence is available for protecting:

A) Persons and property (movable and immovable)

B) Only state property

C) Only one's own body

D) Only movable property

2 / 100

According to Section 343, what is prohibited to induce an accused to disclose or withhold any matter within his knowledge?

A) Offering him a chair

B) Using influence by means of any promise, threat, or otherwise

C) Asking polite questions

D) Giving him water

3 / 100

A husband or wife are permitted to disclose any communication between them during marriage

A) all the above.

B) in civil proceedings between the parties

C) in matrimonial proceedings between the parties

D) in criminal proceedings between the parties

4 / 100

Under Section 16, a suit for the recovery of immovable property can only be filed in the court within whose local jurisdiction:

A) The property is situated

B) The defendant resides

C) The contract was signed

D) The plaintiff resides

5 / 100

Under the defence of insanity, the unsoundness of mind must exist at what specific time?

A) At the time of sentencing

B) At the time of trial

C) At the time of doing the act

D) At the time of police interrogation

6 / 100

Under Section 345(8), to facilitate compounding, the Court may refer the matter to:

A) The advocates engaged by the parties

B) All of the above

C) The concerned Legal Aid Officer

D) The parties themselves

7 / 100

An order dismissing a suit for default (non-appearance) is:

A) A decree

B) Appealable as an original decree

C) A final judgment

D) NOT a decree

8 / 100

Section 124 of Evidence Act provides for privileged in respect of

A) official communications

B) none of the above.

C) professional communications

D) communications as to information of commission of offence

9 / 100

Can a woman be made an accused in the case of Gang Rape?

A) Yes, if she assists

B) Yes, always

C) No, as held in R. v. Tolson

D) No, as held by the Supreme Court in Priya Patel Vs. State of M.P.

10 / 100

Under Section 26, how long must access and use of light or air be peaceably enjoyed to become an absolute easement against a private party?

A) 20 years

B) 30 years

C) 60 years

D) 12 years

11 / 100

Can a question of fact generally be agitated in a Second Appeal (where applicable under law)?

A) Yes, always

B) Yes, if the amount is large

C) Only if the appellant is poor

D) No, it is generally confined to substantial questions of law

12 / 100

Protection under section 122 of Evidence Act is available to

A) a witness

B) husband & wife as a witness

C) both (a) & (b)

D) either (a) or (b).

13 / 100

An aggressor who starts a fight can claim the right of private defence. True or False?

A) True

B) False

C) True, if the other party uses a weapon

D) True, if he starts losing

14 / 100

"Mesne profits" include interest on such profits but do NOT include profits due to:

A) The wrongful possession itself

B) Rent collection

C) Improvements made by the person in wrongful possession

D) Ordinary diligence

15 / 100

An "Interlocutory Order" is an order that:

A) Is passed by the Supreme Court only

B) Is passed during the pendency of the suit to manage the proceedings or grant temporary relief

C) Finally determines the suit

D) Cannot be changed

16 / 100

A "Public Nuisance" suit (Section 91) requires the leave of the court if filed by:

A) Two or more persons having no special damage

B) A police officer

C) The affected property owner directly

D) The Attorney General

17 / 100

Documents in respect of which privilege has been provided under section 123 of Evidence Act.

A) is an unpublished official record

B) both (a)&(b)

C) either (a) or (b).

D) is a published official record

18 / 100

Privilege under section 121 of Evidence Act is

A) may or may not be available to an arbitrator

B) available to an arbitrator

C) not available to an arbitrator

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

19 / 100

When a decree is transferred to another court for execution, the executing court has the power to:

A) Arrest the original judge

B) Completely change the decree

C) Hear appeals against the decree

D) Execute the decree as if it had been passed by itself

20 / 100

If the person competent to compound an offence is under 18 years of age, an idiot, or a lunatic, who may compound the offence?

A) Any person competent to contract on his behalf, with the permission of the Court

B) The Police

C) Nobody

D) The accused

21 / 100

Protection under section 122 of Evidence Act is

A) confined to confidential communication and may be extended to communications of general nature

B) not confined to confidential communications only but extends to communication of whatever nature

C) confined to confidential communication and not applicable to general communication between the husband & wife

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

22 / 100

If the accused has been convicted and an appeal is pending, can the offence be compounded?

A) Yes, with the leave of the Court before which the appeal is to be heard

B) Yes, without any leave

C) No, never

D) Only if the sentence is less than 1 year

23 / 100

What is the pass mark for the High Court permission exam (written)?

A) 45

B) 50

C) 60

D) 40

24 / 100

Although the accused is not punished for refusing to answer under Section 342, what CAN the Court do?

A) Stop the trial

B) Torture him

C) Dismiss his lawyer

D) Draw such inference from such refusal or answers as it thinks just

25 / 100

According to the table in Section 345(1), who can compound the offence of "Causing hurt" (Sections 323, 334)?

A) The Magistrate

B) The person to whom the hurt is caused

C) The Police

D) The Public Prosecutor

26 / 100

An "Order" determining a question under Section 47 (execution) was previously considered a decree. Under the current standard CPC (English) definitions, it is generally treated as:

A) A fundamental right

B) A police matter

C) A decree (if the local amendment still holds it so, otherwise it's just an appealable/revisable order depending on jurisdiction).

D) A writ

27 / 100

A contracts to sell land to B. A becomes a lunatic and C is appointed his committee. B may:

A) Cancel the contract

B) Sue A's family

C) Occupy the land by force

D) Specifically enforce the contract against C

28 / 100

Under Section 344, if a witness is absent or for other reasonable cause, a Court may postpone or adjourn an inquiry/trial by an order in writing. What is the maximum term a Magistrate can remand an accused to custody AT A TIME under this section?

A) 60 days

B) 15 days

C) 7 days

D) 30 days

29 / 100

A preliminary decree is an adjudication that:

A) Rejects the plaint

B) Decides the rights of parties with regard to all or any of the matters in controversy, but does not completely dispose of the suit

C) Only determines the court fees

D) Is always void

30 / 100

According to the table in Section 345(2), the offence of "Voluntarily causing grievous hurt" (Section 325) can be compounded by the person hurt:

A) With the permission of the Court

B) Only if the President pardons them

C) Freely without any permission

D) It cannot be compounded at all

31 / 100

A communication made to the spouse during marriage, under section 122 of Evidence Act

A) does not remain privileged after the dissolution of marriage by divorce or death

B) does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death

C) remains privileged communication after the dissolution of marriage by divorce or death

D) remains privileged after the dissolution of marriage by divorce but not so on after death.

32 / 100

(Illustration) Plaintiff enjoyed right for 20 years but defendant proves plaintiff asked his leave once during that time. Result of the suit?

A) Plaintiff wins

B) Suit shall be dismissed

C) Restart 20-year count

D) Plaintiff must pay rent

33 / 100

According to Section 25, all instruments shall be deemed to be made with reference to which calendar?

A) Gregorian calendar

B) Julian calendar

C) Hijri calendar

D) Bengali calendar

34 / 100

A contracts to let and B to take an unfinished house, B to finish it. B finishes it in a very defective manner. B:

A) Can force A to finish it

B) Can enforce the contract specifically

C) Must destroy the house

D) Cannot enforce the contract specifically, though they may sue for compensation

35 / 100

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage is punishable under:

A) Section 495 PENAL CODE

B) Section 494 PENAL CODE

C) Section 493 PENAL CODE

D) Section 498A PENAL CODE

36 / 100

Section 24 grants the power to transfer or withdraw a pending civil suit to:

A) The UP Chairman

B) The District Court or the High Court Division

C) The Prime Minister

D) The local Police Commissioner

37 / 100

A's property is put up to auction. C inadvertently bids for A. The crowd thinks C is a puffer and stops bidding. Lot knocked down to B at low price. Specific performance:

A) Must be granted to B

B) Should be refused to B

C) Requires C to buy it

D) Requires B to pay more

38 / 100

If an act abetted is not an offence under the law, what is the criminal liability for the abettor?

A) No criminal liability

B) Punishable by fine only

C) Liable for criminal conspiracy

D) Punishable by half the term

39 / 100

Legal insanity is specifically provided for in:

A) Section 85 PENAL CODE

B) Section 83 PENAL CODE

C) Section 82 PENAL CODE

D) Section 84 PENAL CODE

40 / 100

Sections 87, 88, and 89 of the Penal Code relate to which legal maxim?

A) Res ipsa loquitur

B) Ignorantia facti excusat

C) Actus me invito factus non est meus actus

D) Volenti non fit injuria

41 / 100

Res Judicata (Section 11) is based on the public policy that:

A) Lawyers should earn more money

B) There should be an end to litigation, and no one should be vexed twice for the same cause

C) Courts should hear the same case multiple times to be sure

D) The Government is always right

42 / 100

Under Section 345(2), certain offences can only be compounded WITH the permission of the:

A) Jailer

B) Court before which any prosecution for such offence is pending

C) Police

D) Government

43 / 100

Restitution under Section 144 is based on the maxim "Actus curiae neminem gravabit", which means:

A) Hear the other side

B) Let the buyer beware

C) Justice delayed is justice denied

D) The act of the court shall harm no one

44 / 100

Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to

A) questions which a witness cannot be compelled to answer

B) both (a) & (b)

C) question which a witness cannot be permitted to answer

D) neither (a) nor (b).

45 / 100

The rule of "Constructive Res Judicata" means a party cannot raise an issue in a subsequent suit if:

A) They changed their lawyer

B) It might and ought to have been raised in the previous suit

C) They forgot to raise it in the previous suit

D) The judge didn't like them

46 / 100

What constitutes "reasonable cause for a remand" under the explanation to Section 344?

A) Sufficient evidence obtained to raise suspicion, and it appears likely that further evidence may be obtained by a remand

B) The police needing more time to type

C) The judge being tired

D) The media requesting a delay

47 / 100

A, B, and C sign a writing to give a joint bond for 1000. By mistake, the word "each" was inserted. D can obtain specific performance:

A) Only if they sign a new bond

B) Never

C) Only with the variation set up (joint bond for 1000)

D) For 3000 Taka

48 / 100

Section 148 allows the court to enlarge time fixed by it. This power is:

A) Only for the plaintiff

B) Prohibited after the period has expired

C) Discretionary

D) Mandatory

49 / 100

If an easement is claimed over Government property, what is the required period of continuous enjoyment?

A) 30 years

B) 60 years

C) 20 years

D) 100 years

50 / 100

Which chapter of the Penal Code deals exclusively with General Exceptions?

A) Chapter 6

B) Chapter 3

C) Chapter 5

D) Chapter 4

51 / 100

The offence of "Cheating" (Section 417) can be compounded by:

A) The person cheated (with permission of the Court)

B) The Bank

C) The person cheated (without any permission)

D) It is non-compoundable

52 / 100

Who can compound the offence of Defamation (Section 500)?

A) The media

B) The person defamed

C) The police

D) The judge

53 / 100

Which of the following is considered an offence under Section 121A of the Penal Code?

A) Conspiracy to wage war against the Government of Bangladesh

B) Harboring a prisoner of state

C) Assaulting the President

D) Sedition

54 / 100

According to Section 345(7), can an offence be compounded outside the provisions of this section?

A) No offence shall be compounded except as provided by this section

B) Yes, through a village arbitration

C) Yes, if the police mediate

D) Yes, if both parties agree privately

55 / 100

According to the Explanation in Section 26, is an interruption valid if it is not submitted to or acquiesced in for one year after the claimant has notice?

A) Yes

B) No, it is not an interruption within the meaning of the section

C) Only for light and air

D) Only for water rights

56 / 100

Can the High Court Division (in revision under Sec 439) or a Court of Session (under Sec 439A) allow a person to compound an offence?

A) Yes

B) No

C) Only for civil matters

D) Only in capital cases

57 / 100

If a suit is filed without issuing the mandatory 2-month notice to the Government under Section 80, the suit is liable to be:

A) Dismissed outright

B) Rejected (the plaint is rejected)

C) Decreed in favor of the plaintiff

D) Stayed

58 / 100

A, out of natural love, makes a settlement on his brothers, then contracts to sell the property to a stranger. A cannot enforce this contract so as to:

A) Get more money

B) Override the settlement

C) Please his brothers

D) Avoid taxes

59 / 100

Section 345 deals with the "Compounding of offences". What does compounding generally mean?

A) Transferring the case to a higher court

B) Increasing the sentence

C) Mixing different charges together

D) A compromise or settlement between the victim and the accused

60 / 100

Section 96 states that an appeal lies from every original decree. However, an appeal can only be filed by a person who is:

A) The lawyer

B) The court clerk

C) "Aggrieved" by the decree

D) A stranger to the suit

61 / 100

You cannot plead the defence of consent if the consented act involves:

A) A minor medical procedure

B) Playing a rough sport

C) Causing death or grievous hurt

D) Giving away property

62 / 100

Communication in respect of the affairs of the state are privileged communication on the grounds of public policy

A) under section 126 of Evidence Act.

B) under section 124 of Evidence Act

C) under section 123 of Evidence Act

D) under section 125 of Evidence Act

63 / 100

If a convict pays a portion of the fine ordered, how does it affect their imprisonment for non-payment?

A) The sentence is reduced by half

B) The sentence is converted to community service

C) No effect until fully paid

D) The sentence is reduced proportionately

64 / 100

Specific performance may be enforced against any person claiming under a title arising subsequently to the contract, EXCEPT a transferee for value who has paid his money in:

A) Good faith and without notice

B) Installments

C) Foreign currency

D) Advance

65 / 100

If a defendant resides in Dhaka, but the breach of contract happened in Chattogram, the plaintiff can file the suit in:

A) Chattogram only

B) Only in the Supreme Court

C) Dhaka only

D) Either Dhaka or Chattogram

66 / 100

The Criminal Law (Amendment) Act, 2013 amended Section 376-D of the Penal Code. True or False?

A) False

B) It repealed the section

C) Partially True

D) True

67 / 100

Section 89 of the Penal Code allows a guardian to give consent on behalf of:

A) A person below 12 years of age or a person of unsound mind

B) A person above 60 years of age

C) A person below 16 years of age

D) A person below 18 years of age

68 / 100

Under Section 60, "stipends and gratuities allowed to pensioners of the Government" are:

A) Attachable only in criminal cases

B) Attachable up to 50%

C) Exempted from attachment

D) Fully attachable

69 / 100

Criminal intimidation is defined in which section of the Bangladesh Penal Code?

A) Section 500

B) Section 509

C) Section 506

D) Section 503

70 / 100

Protection under section 122 of Evidence Act

A) can be waived by the witness with the consent of husband or wife, only

B) can be waived by the witness without the consent of the husband or wife

C) either (a) or (c).

D) cannot be waived by the witness under any circumstances

71 / 100

In deciding whether the document falls in the category of 'unpublished official record' the court

A) the court can compel the production of the document for inspection

B) the court is banned from inspecting the document

C) both (a) & (c) are correct.

D) has the jurisdiction to inspect the documents itself

72 / 100

How can money be withdrawn from the Bar Council fund?

A) Vice-Chairman's signature

B) Finance Chairman's signature

C) Joint signature of Chairman/Vice-Chairman and Secretary

D) Chairman's signature

73 / 100

Specific performance cannot be enforced in favour of a vendor who, knowing himself not to have any title to the property:

A) Registers the deed

B) Discloses it to the buyer

C) Apologizes

D) Has contracted to sell or let the same

74 / 100

Self-preservation is the basic principle underlying:

A) The defence of necessity

B) The right to private defence

C) The defence of consent

D) The right to equality

75 / 100

If the accused refuses to answer questions put by the Court under Section 342, or gives false answers, does he render himself liable to punishment for that refusal/falsity?

A) No, he shall not render himself liable to punishment

B) Only if he is under oath

C) Yes, for perjury

D) Yes, for contempt of court

76 / 100

According to the text, imprisonment for non-payment of fine terminates on payment of: (based strictly on text wording)

A) Penalty

B) Bribes

C) Rent

D) Tax

77 / 100

The 20-year period for acquiring an easement must end within how many years next before the institution of the suit?

A) Five years

B) Three years

C) One year

D) Two years

78 / 100

How must an easement (like a watercourse) be enjoyed to become indefeasible under Section 26?

A) Openly, peaceably, and as of right without interruption

B) By paying rent

C) Secretly

D) With a written contract

79 / 100

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

A) Yes

B) No

C) Only if he agrees

D) Only in murder trials

80 / 100

(Illustration) A Hindu makes a note bearing a Native date, payable 4 months after date. Limitation is computed according to:

A) The Gregorian calendar

B) The Native calendar

C) Whichever is shorter

D) Whichever is longer

81 / 100

Section 27 deals with the exclusion in favour of the reversioner of a servient tenement held under an interest for life or a term exceeding:

A) Five years

B) Three years

C) Two years

D) One year

82 / 100

A and B (trustees) join C (beneficiary) to sell estate to D, agreeing to clear encumbrances. The purchase-money is not enough to discharge them. Specific performance:

A) Requires D to pay the encumbrances

B) Requires C to go to jail

C) Should be refused to D

D) Must be granted

83 / 100

Who grants the designation of 'Senior Advocate'?

A) Bar Council

B) Chief Justice and Judges of Supreme Court

C) Ministry of Law

D) President

84 / 100

Under Section 24, specific performance cannot be enforced in favour of a person who could not recover:

A) Legal fees

B) Property

C) His initial investment

D) Compensation for its breach

85 / 100

(Illustration) Plaintiff proves open enjoyment of a right of way from 1890 to 1910. Suit brought in 1911. Is he entitled to judgment?

A) Only if he shows a deed

B) Yes

C) No

D) Only against the government

86 / 100

What is the legal effect of the composition (compounding) of an offence under Section 345(6)?

A) It converts the criminal case to a civil case

B) It is treated as a temporary stay

C) It reduces the sentence by half

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

87 / 100

Admissibility of the evidence under section 122 of Evidence Act has to be adjudged

A) in the light of the status, on the date when the communication is sought to be tendered in court

B) in the light of the status on the date when the communication was made

C) in the light of the status, on the date when the evidence is to be given in the court

D) either (a) or (b) or (c).

88 / 100

Which section covers the principle that the law does not concern itself with trifles?

A) Section 96 PENAL CODE

B) Section 94 PENAL CODE

C) Section 93 PENAL CODE

D) Section 95 PENAL CODE

89 / 100

Who approves the annual budget of the Bar Council?

A) Ministry of Law

B) Finance Committee

C) Executive Committee

D) General Meeting

90 / 100

Who can compound the offence of Adultery (Section 497)?

A) The state

B) Any relative

C) The husband of the woman

D) The woman involved

91 / 100

When were the Bangladesh Legal Practitioners and Bar Council Rules enacted?

A) 1972

B) 1975

C) 1978

D) 1973

92 / 100

Under Section 346, if a Chief Judicial Magistrate finds evidence warranting that a case should be tried by SOME OTHER CJM in the district, he shall:

A) Transfer it to a civil court

B) Dismiss the case

C) Try it anyway

D) Stay proceedings and submit the case with a report to a superior CJM or as directed

93 / 100

Privilege in respect of husband & wife under section 122 of Evidence Act relates to

A) both (a) & (b)

B) question which a witness cannot be compelled to answer

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

D) question which a witness cannot be permitted to answer

94 / 100

A document containing a communication from a husband to a wife or vice versa, in the hands of a third person

A) Is not admissible in evidence until consented to by the writer of the communication

B) either (a) or (b).

C) is admissible in evidence

D) is not admissible in evidence at all

95 / 100

An objection to the territorial jurisdiction of a Court must be raised:

A) During execution

B) At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement

C) Only during final arguments

D) At the appellate stage

96 / 100

Is an "irresistible impulse" recognized as a valid defence under the Penal Code?

A) Yes, if proved by a medical board

B) Yes, under Section 85

C) No, it is not a defence

D) Yes, under Section 84

97 / 100

Can a corporate body be prosecuted for the offence of defamation?

A) No

B) Yes

C) Only if the company is government-owned

D) Only in civil court

98 / 100

Section 121 of Evidence Act provides for privilege in respect of

A) affairs of the state

B) husband & wife

C) judges & magistrates

D) official communication.

99 / 100

"Caveat Emptor" (let the buyer beware) applies to execution sales. This means there is generally no implied warranty of:

A) Location of property

B) Time of sale

C) Stamp duty

D) Title in court auction sales

100 / 100

A acts as an agent for B to buy C's house, but in reality is acting for his own account. Can A enforce specific performance?

A) Can claim damages from C

B) Can claim damages from B

C) Yes

D) Cannot enforce specific performance

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Bar Council Full Model Test 49 English | 100 Marks 60 Min