Bar Council Full Model Test 51 English

Bar Council Full Model Test 51 (English)

Bangladesh Bar Council Preliminary Full Model Test 51

Total Questions: 100 | Full Marks: 100 | Time: 60 Minutes | Negative Marking: -0.25

Subject-wise Marks Distribution: CPC 20, SR Act 10, CrPC 20, Penal Code 20, Evidence Act 15, Limitation Act 10, Legal Ethics & Bar Council Rules 5.

1 / 100

Does a "suit" include an application?

A) Yes

B) Only interlocutory applications

C) Yes, if filed together

D) No

2 / 100

Section 347 applies when a Magistrate of the 1st class realizes he cannot inflict a severe enough punishment. At what stage must he form this opinion?

A) Before the trial begins

B) After sentencing

C) After recording the evidence for the prosecution

D) During police investigation

3 / 100

On what date did the Information Technology (Amendment) Act, 2008 come into force?

A) 01.01.2009

B) 27.10.2009

C) 27.10.2008

D) 31.12.2008

4 / 100

Section 135 protects which of the following persons from arrest under civil process while going to, presiding in, or returning from their Court?

A) Any ordinary citizen

B) The judgment-debtor

C) Judges, Magistrates, and other Judicial Officers

D) The plaintiff

5 / 100

A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under

A) section 143 of Evidence Act.

B) section 142 of Evidence Act

C) section 140 of Evidence Act

D) section 141 of Evidence Act

6 / 100

Objections as to the admissibility of a document in evidence

A) can be made at the first opportunity when the document is tendered in evidence

B) can be raised for the first time in appeal

C) all the above.

D) can be made at any state during the trial

7 / 100

In this Act, "trust" includes:

A) Only express fiduciary ownership

B) Private ownership

C) Express, implied, or constructive fiduciary ownership

D) Only implied fiduciary ownership

8 / 100

Court question under section 165 of Evidence Act can be put to

A) any witness

B) neither (a) nor (b).

C) any party

D) both (a) & (b)

9 / 100

According to Section 89B of the CPC (English) (Arbitration), if the parties agree to resolve their dispute through arbitration after the suit is instituted, the Court shall:

A) Proceed with the trial

B) Reject the application

C) Punish the parties

D) Withdraw the suit and allow them to go for arbitration

10 / 100

Under section 145 of Evidence Act, a witness may be cross-examined as to previous statement in writing

A) without proving the same and without showing the same to the witness

B) only after proving the same & showing the same to the witness.

C) without proving the same but only after showing the same to the witness

D) only after proving the same, may be without showing the same to the witness

11 / 100

Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing

A) after proving the same may be before showing the same to the witness

B) without proving the same and without showing the same to the witness

C) without proving the same but only after showing the same to the witness

D) after proving the same & showing the same to the witness.

12 / 100

Leading questions can be asked during

A) re-examination

B) examination in chief

C) cross-examination

D) all the above.

13 / 100

Court questions can be put by virtue of

A) section 166 of Evidence Act

B) section 164 of Evidence Act

C) section 167 of Evidence Act.

D) section 165 of Evidence Act

14 / 100

Under Section 351, a person attending court is detained and added as an accused. Do the witnesses need to be re-heard for this newly added person?

A) No, the old testimonies apply to him automatically

B) Yes, the proceedings must commence afresh and witnesses re-heard

C) Only if the new person pays a fee

D) Only if the prosecutor agrees

15 / 100

Does an easement arise from a contract according to Sec 2(5)?

A) Yes, always

B) No, a right not arising from contract

C) Depends on the situation

D) Yes, if written

16 / 100

Words occurring in this Act which are defined in another Act shall have the same meanings. Which Act is it?

A) The Contract Act, 1872

B) The Registration Act, 1908

C) The Succession Act, 1925

D) The Penal Code

17 / 100

Which section explicitly states that "No oath shall be administered to the accused"?

A) Section 337

B) Section 340

C) Section 342(4)

D) Section 345

18 / 100

Retaining client's money and not accounting for it is what type of offense?

A) Criminal breach of trust & misconduct

B) Admin error

C) Moral error

D) Civil offense

19 / 100

No second appeal shall lie from a decree when the subject matter of the original suit is for recovery of money not exceeding:

A) Second appeals lie regardless of amount

B) Any amount, money suits never have second appeals

C) A statutorily minimal amount (e.g., Small Causes equivalent)

D) Taka 10,000

20 / 100

A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided

A) under section 154 of Evidence Act

B) under section 155 of Evidence Act.

C) under section 153 of Evidence Act

D) under section 152 of Evidence Act

21 / 100

Section 350 allows a succeeding Magistrate to act on evidence recorded by his predecessor. Does this violate the general rule that "he who hears must decide"?

A) Yes, it is an exception to that general rule

B) It was repealed

C) It only applies in civil cases

D) No, it strictly follows the rule

22 / 100

Under Section 60, what portion of the salary of a judgment-debtor is generally exempt from attachment in execution of a normal money decree?

A) The entire salary

B) Half of the salary

C) Only 10%

D) The first portion (as statutorily fixed) and two-thirds of the remainder

23 / 100

Under Section 13 of the CPC (English), a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, EXCEPT where:

A) All of the above

B) It has not been given on the merits of the case

C) It has been obtained by fraud

D) It has not been pronounced by a Court of competent jurisdiction

24 / 100

Within how many days must pupillage intimation be submitted to the Bar Council?

A) 15 days

B) 30 days

C) 45 days

D) 60 days

25 / 100

Under Section 58(1), if the decree is for the payment of a very small sum of money (below the minimum statutory threshold), what is the period of detention?

A) 6 weeks

B) 1 month

C) 15 days

D) No detention in civil prison can be ordered

26 / 100

During examination in chief or re- examination

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

B) leading questions on certain matters can be asked without the permission of the court, as a matter of right

C) leading questions cannot be asked under any circumstances

D) leading question on certain matter can be asked only with the permission of the court

27 / 100

Which Act substituted the words "High Court Division" for "High Court" in the Limitation Act, 1908?

A) The Supreme Court Act

B) The Constitution of Bangladesh

C) Bangladesh Laws (Revision and Declaration) Act, 1973

D) The Law Reform Ordinance, 1978

28 / 100

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

A) Considered if the minor is above 10

B) Not at all material

C) A valid defence

D) Considered if the minor is intelligent

29 / 100

Section 300 of the Penal Code defines:

A) Murder

B) Culpable Homicide

C) Attempt to Murder

D) Dowry Death

30 / 100

A pardon under Section 337 is tendered to:

A) An innocent bystander

B) The victim

C) The investigating officer

D) A person supposed to have been directly or indirectly concerned in or privy to the offence

31 / 100

Section 92 deals with suits concerning:

A) Criminal defamation

B) Public charities and trusts

C) International trade

D) Private business partnerships

32 / 100

An accused absconds after the charge is framed, and the Court orders publication in a daily newspaper under Section 339B(1). This is false because:

A) If he absconds AFTER appearance/bail, Section 339B(2) says newspaper publication procedure does NOT apply

B) The High Court must publish it

C) Publication is not required

D) He must be published in two newspapers

33 / 100

Under Section 39, the Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court if:

A) The original Court's judge is transferred

B) The judgment-debtor actually and voluntarily resides or carries on business within the local limits of the jurisdiction of such other Court

C) The decree-holder wishes to harass the judgment-debtor

D) Such Court does not have competent jurisdiction

34 / 100

A "Precept" issued under Section 46 to attach the property of a judgment-debtor shall not continue in force for more than:

A) 2 months (unless the period is extended by the issuing Court)

B) 6 months

C) 1 month

D) 1 year

35 / 100

Under Section 79, in a suit by or against the Central Government/State (in Bangladesh, the Government), the authority to be named as plaintiff or defendant is:

A) Bangladesh (or the specific Government name as per constitution)

B) The Attorney General personally

C) The concerned Minister

D) The Prime Minister

36 / 100

According to Section 14, the Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless:

A) The contrary appears on the record

B) The plaintiff appeals

C) The defendant objects

D) The government denies it

37 / 100

If removed from practice for life, can an advocate reapply?

A) Yes, after 5 years

B) Yes, after 3 years

C) No, never again

D) With permission

38 / 100

Causing the death of a child in the mother's womb is:

A) Culpable homicide

B) Murder

C) Not homicide under the Penal Code

D) Infanticide

39 / 100

Under Sec 2(5), an easement allows someone to appropriate part of the soil belonging to:

A) Himself

B) Another person

C) A trust

D) The Government

40 / 100

What is the punishment for culpable homicide not amounting to murder?

A) Imprisonment for life or imprisonment for 10 years

B) Death or life imprisonment

C) Imprisonment for 5 years

D) Imprisonment for 7 years

41 / 100

Section 73 deals with the distribution of assets. If assets are held by a Court and more persons than one have applied for execution of decrees for the payment of money against the same judgment-debtor, the assets shall be distributed:

A) Rateably among all such persons

B) To the first applicant only

C) To the oldest applicant only

D) To the Government

42 / 100

If a witness whose evidence was recorded by a predecessor is re-summoned under Section 350 proviso, what steps occur?

A) The witness is sent to jail

B) The witness is just asked to sign the old statement

C) Further examination, cross-examination, and re-examination (if permitted)

D) Only cross-examination

43 / 100

While Section 342(4) prohibits an oath for the accused during general questioning, which section allows the accused to give evidence ON OATH as a defence witness?

A) Section 340(3)

B) Section 344

C) Section 339

D) Section 350

44 / 100

Preparation to commit which of the following offences is explicitly punishable?

A) Robbery

B) Dacoity

C) Cheating

D) Theft

45 / 100

The right to cross-examine on an answer to court question is available

A) to the adverse party only

B) to the party calling the witness only

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

D) to either of the parties if the answer is adverse to either of the parties

46 / 100

How many marks are deducted for each wrong answer in the MCQ exam?

A) No negative marking

B) 0.75

C) 0.25

D) 0.5

47 / 100

Section 113 allows a subordinate Court to state a case and refer the same for the opinion of the:

A) High Court Division

B) Supreme Court Appellate Division

C) Ministry of Law

D) District Judge

48 / 100

Making preparation to wage war against the Government of Bangladesh is:

A) Punishable

B) A civil wrong

C) Not an offence until the war begins

D) Protected under free speech

49 / 100

Which of the following statements is accurate?

A) Every murder is culpable homicide, but every culpable homicide is not murder.

B) Every culpable homicide is murder.

C) Culpable homicide requires premeditation, murder does not.

D) Culpable homicide and murder are mutually exclusive.

50 / 100

The amendment to Section 464 of the Penal Code substituted the term "electronic signature" with:

A) Encrypted signature

B) E-signature

C) Cyber signature

D) Digital signature

51 / 100

What does "trustee" include according to the Act?

A) Any person holding property

B) Only legal heirs

C) Every person holding expressly, by implication, or constructively, a fiduciary character

D) Only government officials

52 / 100

If an offence is compoundable (Section 345), is the attempt to commit that offence also compoundable?

A) Yes, in like manner (if the attempt is itself an offence)

B) No

C) Only with High Court permission

D) Only if no injury occurred

53 / 100

The subject matter of theft must be:

A) Any type of property

B) Intellectual property

C) Movable property only

D) Immovable property

54 / 100

The two essential constituents of a crime are:

A) Mens rea and Preparation

B) Intention and Execution

C) Actus reus and Mens rea

D) Motive and Actus reus

55 / 100

To an answer to a court question, the adverse party

A) has no right to cross-examine the witness

B) either (a) or (c).

C) has a right to cross-examination as a matter of right

D) has a right to cross-examine only with the permission of the court

56 / 100

Under Section 349(1A), if multiple accused are tried together and a 2nd/3rd class Magistrate needs to forward one of them for higher punishment, what must he do with the others?

A) Convict and sentence the others himself

B) Grant bail to the others

C) Forward ALL the accused who are in his opinion guilty to the CJM/1st class Magistrate

D) Acquittal the others

57 / 100

When was The Specific Relief Act, 1877 passed?

A) 1st May, 1877

B) 7th January, 1877

C) 1st April, 1877

D) 7th February, 1877

58 / 100

Chapter X of the Penal Code deals with offences relating to:

A) Public Nuisance

B) Contempt of lawful authority of public servants

C) Coin and Government Stamps

D) Elections

59 / 100

Specific relief under Section 5 is NOT given by:

A) Awarding a life sentence

B) Appointing a receiver

C) Ordering a party to do the very act which he is under an obligation to do

D) Taking possession of certain property and delivering it to a claimant

60 / 100

If an accused pleads compliance with pardon conditions under Section 339A, and the Court finds he DID comply, the Court shall pass a judgment of:

A) Discharge

B) Remand

C) Acquittal

D) Conviction with a reduced sentence

61 / 100

Is a mortgagee remaining in possession after the mortgage is satisfied considered a "trustee"?

A) Yes, if ordered by the court

B) Yes

C) Only for one year

D) No

62 / 100

The requirement that a Criminal Court is an "open Court" (Section 352) ensures:

A) Transparency and public access to trials

B) That lawyers can leave anytime

C) That the media can broadcast live

D) That it is held outdoors

63 / 100

Which section defines "Culpable Homicide"?

A) Section 299

B) Section 300

C) Section 298

D) Section 304

64 / 100

Under Section 94, in order to prevent the ends of justice from being defeated, the Court may, if it is so prescribed:

A) Grant a temporary injunction

B) Direct the defendant to furnish security

C) Issue a warrant to arrest the defendant and bring him before the Court

D) All of the above

65 / 100

According to Section 3, what does "obligation" include?

A) Moral duties

B) Every duty enforceable by law

C) Only contractual duties

D) Social responsibilities

66 / 100

A "Second Appeal" under Section 100 lies to the High Court Division from a decree passed in appeal by a subordinate Court if the High Court Division is satisfied that the case involves a:

A) Dispute over court fees

B) Substantial question of fact

C) Question of morality

D) Substantial question of law

67 / 100

Under Section 22, where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, the defendant may apply to have the suit transferred to another Court:

A) Only after issues are framed

B) At any stage of the trial

C) After the final judgment

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

68 / 100

Does the definition of "promissory note" include a note payable on demand?

A) Yes

B) Only if specified in a separate contract

C) Only for bank notes

D) No

69 / 100

Is a "hundi" specifically mentioned in the definition of a bill of exchange?

A) Yes

B) No

C) Only if registered

D) Only in commercial disputes

70 / 100

According to Section 6, specific relief granted under clause (c) of section 5 is called:

A) Mandatory relief

B) Declaratory relief

C) Preventive relief

D) Compensatory relief

71 / 100

Which section gives the High Court Division (or District Court depending on amendment) the power of "Revision" to call for the record of any case decided by a subordinate Court?

A) Section 114

B) Section 151

C) Section 115

D) Section 113

72 / 100

The footnote indicates that the word "Bangladesh" was substituted for which word in the original Act?

A) East Pakistan

B) Bengal

C) Pakistan

D) India

73 / 100

Does a "bond" obligate a person to pay money if a specified act is NOT performed?

A) It only applies to property transfer

B) No, only if it IS performed

C) Yes, it applies whether the act is performed or not performed

D) It is an unconditional promise

74 / 100

Is "good faith" presumed if an act is done with honest intent but without due care?

A) Yes

B) Yes, in minor offenses

C) No, due care and attention are mandatory

D) The judge decides

75 / 100

The punishment for murder is prescribed in:

A) Section 304

B) Section 300

C) Section 301

D) Section 302

76 / 100

Under Section 345, who can compound the offence of "Criminal trespass" (Section 447)?

A) The local Chairman

B) The person in possession of the property trespassed upon

C) The police

D) The owner of the property, even if not in possession

77 / 100

Under Section 348, if a person with a previous 3+ year conviction for property/coinage offences is accused again, the Magistrate should generally send him to:

A) The Court of Session

B) The High Court

C) A third class Magistrate

D) A civil court

78 / 100

Section 348 deals with the trial of persons previously convicted of offences against:

A) Coinage, stamp-law or property (Chapter XII or XVII)

B) Marriage

C) State security

D) Human Body

79 / 100

Section 162 of Cr PC

A) controls section 156 of Evidence Act

B) both (a) & (b)

C) neither (a) nor (b).

D) controls section 157 of Evidence Act

80 / 100

Under Section 58, where a decree is for the payment of a sum of money exceeding a specified high amount (as per local amendments, usually the highest tier), the maximum period of detention in civil prison is:

A) 1 year

B) 1 month

C) 3 months

D) 6 months

81 / 100

Can a 2nd class Magistrate try a case involving an offence punishable with 7 years imprisonment?

A) No, if he thinks a severe punishment is needed, he must forward it under Section 349

B) Yes, if the accused consents

C) Yes, but he can only fine the accused

D) Yes

82 / 100

Under Section 339C(4), if a trial for a bailable offence is not concluded in time, what happens? (Tricky question based on text)

A) The section specifically mentions release on bail for NON-bailable offences

B) Bail is granted (already a right)

C) The case is dismissed

D) The accused is sent to the High Court

83 / 100

Under section 41 of Evidence Act the presumption is with respect to

A) judgments in personam

B) judgment in rem whether such judgments are inter-partes or not

C) all the above.

D) judgments in rem when they are inter- parts

84 / 100

Section 104 provides a specific list of:

A) Crimes punishable by civil courts

B) Orders from which an appeal lies

C) Decrees that cannot be appealed

D) Rules for framing issues

85 / 100

The Specific Relief Act, 1877 extends to which area?

A) Dhaka only

B) Whole of India and Bangladesh

C) Specific divisions of Bangladesh

D) Whole of Bangladesh

86 / 100

What is the Act Number of The Specific Relief Act, 1877?

A) Act No. II of 1877

B) Act No. I of 1877

C) Act No. V of 1877

D) Act No. X of 1877

87 / 100

Whether a provocation was "grave and sudden" is considered a:

A) Question of fact

B) Constitutional right

C) Question of law

D) Matter of judicial discretion

88 / 100

The IT (Amendment) Act, 2008 amended which section of the Penal Code?

A) Section 463

B) Section 464

C) Section 465

D) Section 466

89 / 100

When did The Specific Relief Act, 1877 come into force?

A) 1st May, 1877

B) 1st July, 1877

C) 7th February, 1877

D) 1st January, 1878

90 / 100

Can an advocate handle a case where they have a personal financial interest?

A) Yes

B) In civil cases

C) No, it violates conduct

D) With client consent

91 / 100

Under Section 345(2), "Cheating and dishonestly inducing delivery of property" (Section 420) can be compounded by:

A) The state

B) The person cheated, with the permission of the Court

C) The police

D) It cannot be compounded

92 / 100

Personating a public servant is punishable under which section?

A) Section 166

B) Section 170

C) Section 188

D) Section 171

93 / 100

Court can permit leading questions during examination in chief or re-examination

A) if they refer to the matters which are undisputed

B) if they refer to the matters which are introductory

C) if they refer to either (a) or (b) or (c).

D) if they refer to the matter which are sufficiently proved

94 / 100

To institute a suit under Section 92 (Public Charities), who must grant leave or give consent (or be the one filing)?

A) The President

B) The Attorney General / Advocate General (or two/more interested persons with the leave of the Court)

C) The local UP Chairman

D) The Police Commissioner

95 / 100

Under Section 345(2), "Theft" (Section 379) can be compounded by the owner of the stolen property:

A) Only if the value is less than 500 Taka

B) With the permission of the Court

C) It cannot be compounded

D) Without any permission

96 / 100

A co-defendant in a case

A) can be cross-examined by another co-defendant as a matter of right.

B) can be cross-examined by another co-defendant if their interests are identical

C) can be cross-examined by another co-defendant when their interests adverse to each other

D) cannot be cross-examined by another co- defendant under any circumstance

97 / 100

The punishment for the offence of forgery is provided in:

A) Section 464

B) Section 466

C) Section 465

D) Section 463

98 / 100

Which statement differentiates Section 149 and Section 34 of the Penal Code?

A) Both create specific offences.

B) Section 149 creates a specific offence; Section 34 is a rule of evidence.

C) Section 149 is a rule of evidence; Section 34 creates a specific offence.

D) Both are rules of evidence.

99 / 100

Section 339 of the Penal Code defines:

A) Kidnapping

B) Wrongful restraint

C) Wrongful confinement

D) Abduction

100 / 100

A Magistrate remands an accused for 20 days at a stretch under Section 344. Is this legal?

A) Yes

B) No, the proviso states no remand shall exceed 15 days at a time

C) Yes, if the police request it

D) Yes, if it's a murder case

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Bar Council Full Model Test 51 English | 100 Marks 60 Min