Bar Council Full Model Test 50 English

Bar Council Full Model Test 50 (English)

Bangladesh Bar Council Preliminary Full Model Test 50

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

Section 80 of the Penal Code deals with the exception of:

A) Accident

B) Insanity

C) Intoxication

D) Necessity

2 / 100

Which section defines the offence of cheating according to the provided text?

A) Section 420

B) Section 405

C) Section 415

D) Section 419

3 / 100

Rescission of a contract in writing may be adjudged where the contract is:

A) Signed by witnesses

B) Registered

C) Voidable or terminable by the plaintiff

D) Highly profitable

4 / 100

According to Order VI, Rule 17, an amendment of pleadings should be allowed if it is necessary for:

A) Correcting the grammar only

B) Harassing the opponent

C) Delaying the trial

D) Determining the real questions in controversy between the parties

5 / 100

Legal advisor

A) can disclose the communication after the relation with his client has ended

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

C) cannot disclose the communication even when the relation is ended or the client has died

D) can disclose the communication after his clients death

6 / 100

Which rule states that an advocate shall not accept a false case?

A) Chapter 2, Rule 3

B) Chapter 2, Rule 1

C) Chapter 2, Rule 5

D) Chapter 3, Rule 2

7 / 100

What is mandatory for male advocates to wear under the gown during summer?

A) Colored shirt

B) Only white shirt

C) White shirt and black tie/band

D) Black shirt

8 / 100

According to Section 29(1), nothing in the Limitation Act shall affect Section 25 of which Act?

A) The Evidence Act, 1872

B) The Penal Code, 1860

C) The Transfer of Property Act, 1882

D) The Contract Act, 1872

9 / 100

An application for setting aside an execution sale on the ground of fraud (Order XXI, Rule 90) can be made by:

A) Only the decree-holder

B) Only the judgment-debtor

C) Only the auction purchaser

D) Any person whose interests are affected by the sale

10 / 100

The phrase "Trial in absentia" refers to the procedure laid out in which section?

A) Section 337

B) Section 345

C) Section 339B

D) Section 342

11 / 100

Rape is classified under the Penal Code as an offence against:

A) Public Tranquility

B) The State

C) Human Body

D) Property

12 / 100

Which of the following acts as a rule of evidence rather than a specific offence?

A) Section 300 PENAL CODE

B) Section 34 PENAL CODE

C) Section 378 PENAL CODE

D) Section 149 PENAL CODE

13 / 100

A "Next Friend" or Guardian ad litem must not have an interest in the suit that is:

A) Unknown

B) Favorable to the minor

C) Neutral

D) Adverse to that of the minor

14 / 100

Under Section 350, if a Magistrate is succeeded by another Magistrate, the succeeding Magistrate may:

A) Both A and B are options

B) Re-summon the witnesses and recommence the inquiry or trial

C) Act on the evidence recorded by his predecessor

D) He must dismiss the case

15 / 100

When a special law prescribes a different limitation, which sections of the Limitation Act apply (unless expressly excluded)?

A) None of the sections

B) Section 4, Sections 9 to 18, and Section 22

C) All sections

D) Only Section 5

16 / 100

A Receiver appointed by the Court acts as:

A) The owner of the property

B) A police officer

C) Custodia legis (in the custody of the law) / an officer of the court

D) A private investigator

17 / 100

A "Review" of a judgment is permissible only when there is no:

A) Clerical error

B) Appeal preferred against the decree, or where no appeal is allowed

C) Written statement

D) New evidence

18 / 100

Under Section 349A, if a Sessions Judge records part of the evidence and is succeeded by another Sessions Judge, what can the succeeding Judge do?

A) He must transfer the case

B) He MUST restart the trial from scratch

C) He may act on the evidence recorded by his predecessor, or re-summon witnesses and recommence the trial

D) He must acquit the accused

19 / 100

When the judgment-debtor's property is sold in execution, the purchaser's title relates back to the date of:

A) The sale itself (the auction date)

B) The confirmation of the sale

C) The date of filing the suit

D) The date of the original decree

20 / 100

Who determines the dress code for advocates?

A) Supreme Court and Bar Council

B) Bar Association

C) Police manual

D) Ministry of Law

21 / 100

If a succeeding Magistrate acts on his predecessor's evidence under Section 350, what can he do if he feels further examination of a witness is necessary in the interests of justice?

A) He cannot do anything

B) He may re-summon such witness for further examination/cross-examination

C) He must ask the High Court

D) He must acquit the accused

22 / 100

If a plaint is rejected under Order VII, Rule 11, the plaintiff can:

A) Only appeal to the President

B) Only file a writ

C) Never sue again

D) Present a fresh plaint in respect of the same cause of action

23 / 100

Are Sections 30, 31, and 32 still active parts of the Limitation Act, 1908?

A) They are suspended

B) Only Section 30 is active

C) No, they have been repealed

D) Yes

24 / 100

A person against whom an instrument is void or voidable may sue to have it cancelled if he has reasonable apprehension that if left outstanding it may cause him:

A) Emotional distress

B) Temporary inconvenience

C) Minor loss

D) Serious injury

25 / 100

Under Section 27, within how many years after the determination of the life interest must the reversioner resist the claim?

A) One year

B) Two years

C) Twelve years

D) Three years

26 / 100

An accomplice is a person

A) all the above both (a) & (b).

B) who is an informer

C) who participates in the commission of the crime for which the accused has been charged

D) who is a pretended confederate

27 / 100

When an accused gives answers under Section 342, can those answers be put in evidence for or against him in a trial for any other offence?

A) Only if they are favorable to him

B) Yes

C) No

D) Only if he signs them

28 / 100

The right of private defence is NOT available against:

A) An act which is not an offence

B) A moral wrong

C) All of the above

D) An act which is not a legal wrong

29 / 100

Order XX, Rule 14 deals with the decree in a suit for:

A) Insolvency

B) Divorce

C) Defamation

D) Pre-emption

30 / 100

According to Section 352, a place where a Criminal Court is held shall be deemed an:

A) High-security zone with no public access ever

B) Open Court, to which the public generally may have access

C) Secret chamber

D) Exclusive club

31 / 100

Question as to admissibility of evidence

A) should be reserved until judgment

B) should be decided as they arise

C) either (b) or (c).

D) may be decided as they arise or may be reserved until judgment

32 / 100

If an act is considered a "moral wrong" but not a legal offence, is abetting it a crime?

A) No

B) Yes, under strict liability

C) Yes, if it offends public sentiment

D) Yes

33 / 100

If 6 people murder someone and take away their jewellery, the offence regarding the property is:

A) Cheating

B) Robbery

C) Criminal Misappropriation

D) Dacoity

34 / 100

When issues of fact and law both arise, and the court can dispose of the case on an issue of law (like limitation or jurisdiction), it may try that issue first. This is called a:

A) Secondary issue

B) Summary issue

C) Final issue

D) Preliminary issue

35 / 100

For protection under section 124 of Evidence Act, the communication is to be made

A) to a public officer as an ordinary cause of his duties

B) to a public officer as a routine matter

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

D) to a public officer in official confidence

36 / 100

Under Order XXI, Rule 2, any payment or adjustment of a decree out of court must be:

A) Reported to the police

B) Published in a newspaper

C) Certified to the executing court

D) Kept secret

37 / 100

Ignorance of law is no excuse is derived from which maxim?

A) Actus reus non facit reum

B) Ignorantia juris non excusat

C) Doli incapax

D) Ignorantia facti excusat

38 / 100

Abetment is covered under which Chapter of the Penal Code?

A) Chapter 3

B) Chapter 4

C) Chapter 6

D) Chapter 5

39 / 100

One of two executors erroneously believes he has the other's authority and contracts to sell property to B. B:

A) Can arrest A

B) Cannot insist on the sale being completed

C) Can insist on the sale

D) Can sue the co-executor

40 / 100

An appeal under Order XLI can be dismissed summarily at the admission stage without sending notice to the respondent. This power is under:

A) Rule 5

B) Rule 1

C) Rule 11

D) Rule 27

41 / 100

Under Section 99, the right of private defence is restricted by what condition?

A) It cannot be used against relatives

B) It must be approved by the police first

C) It can only be used by men

D) It does not extend to causing more harm than is necessary for defence

42 / 100

Voluntarily causing harm, including death, is legally permitted in private defence against:

A) Misappropriation

B) Robbery or dacoity

C) Defamation

D) Criminal breach of trust

43 / 100

A marriage settlement intends an annuity for wife B. Husband C dies insolvent. The assignee claims the annuity. The Court may rectify the settlement to decree that the assignee:

A) Must sell the annuity

B) Takes the whole

C) Takes half

D) Has no right to any part of the annuity

44 / 100

(Illustration) A enjoys right of way over B's land for 25 years. But for 10 of those years, C (a Hindu widow) had a life interest. Does A have an absolute easement if B contests within 3 years of C's death?

A) Yes, if A paid C

B) No, because 10 years are excluded, leaving only 15 years of valid enjoyment

C) The court will divide the right

D) Yes, 25 > 20

45 / 100

During re-examination of a witness

A) either (a) or (c).

B) no new matter can be introduced at all

C) a new matter can be introduced only with the permission of the court

D) a new matter can be introduced as a matter of right generally

46 / 100

The jurisdiction for trying a criminal offence primarily depends on:

A) The place where the crime has been committed

B) Where the FIR was filed

C) Where the accused was arrested

D) Where the victim lives

47 / 100

The right to be defended by a pleader is a statutory right recognized in:

A) Section 340(1)

B) Section 344

C) Section 350

D) Section 337

48 / 100

What condition must be met to use the title "Barrister"?

A) Apply to Ministry

B) Call to the Bar from an Inn of Court

C) Pass LL.B

D) 10 years at Supreme Court

49 / 100

An accomplice is a competent witness

A) under section 119 of Evidence Act

B) under section 132 of Evidence Act.

C) under section 118 of Evidence Act

D) under section 133 of Evidence Act

50 / 100

Re-examination of a witness can be done

A) either (a) or (b)

B) neither (a) nor (b).

C) after examination in chief but before cross-examination

D) after examination chief and after cross-examination

51 / 100

According to the text, which of the following is a method of constituting abetment?

A) Silence

B) Ignorance

C) Conspiracy

D) Negligence

52 / 100

After re-examination of a witness, the adverse party has a

A) right to further cross-examine the witness afresh in general

B) right to further cross-examine the witness only when a new matter is introduced in the re-examination

C) has no right to further cross examine the witness

D) either (a) or (b).

53 / 100

Under Order IX, Rule 4, if a suit is dismissed because neither party appeared, the plaintiff can:

A) Bring a fresh suit (subject to limitation) OR apply to set aside the dismissal

B) Only file a revision

C) Only file an appeal

D) Do nothing

54 / 100

Testimony of an accomplice before it is accepted & acted upon

A) need not be corroborated at all

B) either (a) or (c).

C) must be corroborated from the testimony of another accomplice

D) must be corroborated from an independent source

55 / 100

Does Section 350 (acting on predecessor's evidence) apply to cases stayed under Section 346 or submitted to a superior under Section 349?

A) Yes

B) Only in Dhaka

C) No

D) Only for murder cases

56 / 100

In rectifying an instrument, the Court is not confined to inquiring what the language was intended to be, but may inquire what were intended to be its:

A) Financial impacts

B) Moral consequences

C) Legal consequences

D) Social impacts

57 / 100

A declaration made under Chapter VI is binding ONLY on:

A) The world at large

B) The Government

C) The witnesses

D) The parties to the suit, persons claiming through them, and trustees

58 / 100

In a suit for specific performance of a contract to sell land, the plaintiff must specifically plead and prove that:

A) The land is beautiful

B) The defendant is rich

C) The plaintiff has always been "ready and willing" to perform their part of the contract

D) The contract was written in English

59 / 100

If a defendant fails to file a written statement within the allowed time, the Court:

A) May pronounce judgment against him or make such order as it thinks fit

B) Must dismiss the suit

C) Shall arrest the defendant

D) Must adjourn for 1 year

60 / 100

A suit may be instituted in forma pauperis (as an indigent person). The primary benefit is:

A) Free lawyer

B) Immediate judgment

C) Exemption from paying court fees at the time of institution

D) Police protection

61 / 100

The "Right to begin" under Order XVIII, Rule 1 generally lies with:

A) The judge

B) The defendant

C) The plaintiff

D) The witness

62 / 100

Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be:

A) Re-educated

B) Punished

C) Restored to substantially the same position as if the contract had not been made

D) Compensated doubly

63 / 100

Under Section 349, if a Magistrate of the 2nd or 3rd class thinks the accused is guilty but requires a punishment more severe than he can inflict, he forwards the accused to:

A) The Court of Session

B) The High Court Division

C) The Chief Judicial Magistrate or an empowered 1st class Magistrate

D) The Police Station

64 / 100

In territories where the Easements Act, 1882 extends, do Sections 26 and 27 of the Limitation Act apply?

A) No, they shall not apply

B) Yes

C) Partially

D) At the judge's discretion

65 / 100

Under Order XVI, Rule 1, a list of witnesses must be filed within 15 days of:

A) Delivery of judgment

B) Settlement of issues

C) Filing the plaint

D) Final arguments

66 / 100

What type of offence is "Mischief" (Section 426, 427) under the compounding table in Section 345?

A) Compoundable only with permission of the Court

B) Non-compoundable

C) Compoundable without permission of the Court

D) Compoundable only by the police

67 / 100

Specific performance cannot be enforced against a party if the consideration to be received by him is so grossly inadequate as to be evidence of:

A) Bad market conditions

B) Fraud or undue advantage

C) Ignorance

D) Inflation

68 / 100

The protection under section 126 of Evidence Act extends to

A) neither (a) nor (b).

B) communication made in furtherance of any illegal design

C) both (a) & (b)

D) any fact observed showing the communication of any offence or fraud committed since commencement of employment

69 / 100

If a person is detained under Section 351 AFTER a trial has begun, what must happen regarding that specific person?

A) They are sent to a different court

B) They join the trial halfway through

C) They are convicted immediately

D) The proceedings shall be commenced afresh, and the witnesses re-heard

70 / 100

Under Section 347, if a Magistrate of the 1st class thinks the accused should receive a punishment MORE SEVERE than he is empowered to inflict, what should he do?

A) Fine the accused heavily instead

B) Record his opinion and forward the accused to the Court of Session

C) Ask the High Court to increase his powers

D) Inflict the maximum punishment he can and close the case

71 / 100

The right of private defence extends to causing death when the assault is with the intention of:

A) Gratifying unnatural lust

B) Trespassing on empty land

C) Pickpocketing

D) Cheating

72 / 100

Does the Limitation Act, 1908 apply to suits under the Divorce Act (Section 29(3))?

A) No, nothing in this Act applies to suits under the Divorce Act

B) Yes, fully

C) Only for property settlements

D) Only for child custody

73 / 100

According to Section 28, what happens to a person's right to property at the determination of the period limited for instituting a suit for possession?

A) His right to such property shall be extinguished

B) It is transferred to the government

C) He must pay a fine to retain it

D) It is suspended

74 / 100

Can a presiding Judge or Magistrate restrict public access to the Court under Section 352?

A) Yes, he may order that the public generally or any particular person shall not have access

B) Only the police can order this

C) No, it must always be 100% open

D) Only in cases involving foreigners

75 / 100

Does Section 28 extinguish the right itself or merely bar the remedy?

A) Extinguishes the right to such property

B) Creates a new right

C) Converts it to a tenancy

D) Merely bars the remedy

76 / 100

The rule of "wholly incapax" (doli incapax) is laid down in:

A) Section 81 PENAL CODE

B) Section 83 PENAL CODE

C) Section 84 PENAL CODE

D) Section 82 PENAL CODE

77 / 100

Section 342 is crucial for ensuring the principle of natural justice known as:

A) Habeas Corpus

B) Ex post facto

C) Double Jeopardy

D) Audi alteram partem (Hear the other side)

78 / 100

Under Section 351, can a Criminal Court detain a person attending the Court, even if not under arrest or summons, if evidence shows they committed an offence the Court can take cognizance of?

A) Only if they are a witness

B) Yes, and proceed against them as though arrested or summoned

C) Only with police permission

D) No, they must leave and be formally arrested later

79 / 100

If 3 people murder someone and take away their gold articles, what offence (regarding the gold) is committed?

A) Extortion

B) Robbery

C) Theft

D) Dacoity

80 / 100

The power to tender a pardon under Section 337 is primarily aimed at securing the evidence of:

A) An accomplice or person privy to the offence

B) The main victim

C) A police officer

D) An expert witness

81 / 100

The professional privilege under section 126 of Evidence Act is available in respect of communication made

A) for the purposes of professional employment

B) both (a) & (b)

C) the cause of employment

D) neither (a) nor (b).

82 / 100

Cross-examination of a witness

A) may not relate to relevant facts & may not be confined to what the witness testified in examination in chief.

B) must relate to relevant facts but need not be confined to what the witness testified in examination in chief

C) must relate to relevant facts and has to be confined to what the witness testified in examination in chief

D) may not relate to relevant facts but must relate to what the witness testified in examination in chief

83 / 100

Does Section 500 (Defamation) apply in cases of murder?

A) Yes, if the victim's reputation is harmed post-mortem

B) Yes

C) No

D) Yes, if the murderer is defamed

84 / 100

The dismissal of a suit for specific performance of a contract bars the plaintiff's right to sue for:

A) Declaration

B) Compensation for the breach

C) Rectification

D) Injunction

85 / 100

Is abetment of an offence considered an offence itself?

A) Yes, it is always an offence

B) Only if the abettor is present at the scene

C) Only if the crime is successful

D) No, it is just an accessory action

86 / 100

Re-examination of a witness

A) shall be by the party calling the witness

B) shall be by the adverse party

C) both (a) & (b)

D) either (a) or (b).

87 / 100

If A incites B to commit a crime, when is A's abetment complete?

A) When B agrees to commit the crime

B) When the court proves the incitement

C) As soon as A has incited B

D) When B attempts the crime

88 / 100

The Magistrate (CJM/1st class) receiving proceedings under Section 349 can inflict a punishment:

A) As severe as a Sessions Judge

B) Not more severe than he is empowered to inflict under sections 32 and 33

C) Only a fine

D) Unlimited

89 / 100

Examination in chief of a witness

A) both (a) & (b)

B) shall be by the adverse party

C) shall be by the party calling the witness

D) either (a) or (b).

90 / 100

According to Section 339C, the 180-day time limit applies to trials conducted by:

A) A Sessions Judge

B) A Civil Court

C) A Magistrate

D) The High Court

91 / 100

The Appellate Court has the power to take additional evidence. Which rule specifically governs this?

A) Order XLI, Rule 11

B) Order XLI, Rule 1

C) Order XLI, Rule 27

D) Order XLI, Rule 33

92 / 100

According to Section 339C, the 360-day time limit applies to trials conducted by:

A) A Sessions Judge, Additional Sessions Judge, or Assistant Sessions Judge

B) The Supreme Court

C) A Magistrate

D) The Police

93 / 100

Which of the following is a duty of the Bar Council Secretary?

A) Judging advocates

B) Conducting administrative functions

C) Drafting laws

D) Reviewing judgments

94 / 100

In a "free fight" between two parties, the right of private defence is:

A) Available to the winner

B) Available to both parties

C) Available to the one who takes less damage

D) Not available to either of the parties

95 / 100

An adjournment under Order XVII, Rule 1 is granted based on:

A) "Sufficient cause" being shown

B) The wish of the lawyers

C) Random selection

D) The wealth of the parties

96 / 100

A conveys land to B, who bequeaths to C and dies. D produces a forged instrument stating the conveyance was in trust for him. C may obtain:

A) Rent from D

B) Rectification of B's will

C) Cancellation of the forged instrument

D) Specific performance against D

97 / 100

Under Section 350A, is an order of a Bench of Magistrates invalid merely because a change occurred in the constitution of the Bench?

A) No, provided the Bench is duly constituted and the Magistrates passing judgment were present throughout the proceedings

B) Only if the accused objects

C) Yes, it is always invalid

D) Yes, unless the High Court approves

98 / 100

Re-examination of a witness

A) can be for the purposes of filling what is left-over in examination in chief

B) can be for the purposes of explaining the matters referred to in cross-examination

C) all the above.

D) can be for the purposes of explaining the matters referred to in the examination in chief

99 / 100

If any special law prescribes a different period of limitation, how does Section 3 apply?

A) It applies as if the period were prescribed in the first schedule of the Limitation Act

B) The special law is void

C) The High Court decides

D) Section 3 does not apply

100 / 100

Order XXXVIII (Attachment before judgment) and Order XXXIX (Temporary Injunctions) are both examples of:

A) Appellate procedures

B) Final decrees

C) Criminal punishments

D) Interlocutory/Supplemental proceedings to prevent the ends of justice from being defeated

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Bar Council Full Model Test 50 English | 100 Marks 60 Min