Bar Council Full Model Test 52 English

Bar Council Full Model Test 52 (English)

Bangladesh Bar Council Preliminary Full Model Test 52

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

Supreme prudence requires that the evidence of an by some other evidence. It was held by AIR 2007 SC 794, Karki, AIR 2007 SC 561, AIR 2007 SC 663, 2006 SC 115. The possession or ownership of property of the grand father of defendant on the years old can

A) be proved at the option of plaintiff

B) be proved at the option of defendant

C) be proved

D) not to be proved

2 / 100

A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by:

A) The Registration Act

B) The Code of Civil Procedure

C) The Penal Code

D) The Contract Act

3 / 100

Dishonest misappropriation of property is defined in:

A) Section 378

B) Section 403

C) Section 390

D) Section 405

4 / 100

Which committee has the power to grant or cancel affiliation of law colleges?

A) Executive Committee

B) Legal Education Committee

C) Tribunal

D) Enrollment Committee

5 / 100

Does Section 5 explicitly mention an application for "leave to appeal"?

A) Yes

B) Only for criminal cases

C) No

D) Only for Supreme Court

6 / 100

The memorandum made under Section 355(1) must be written and signed by the Magistrate:

A) With his own hand

B) By the public prosecutor

C) By the witness

D) By his clerk

7 / 100

Chapter 20 of the Penal Code provides for offences relating to:

A) Property

B) Religion

C) Marriage

D) Defamation

8 / 100

If the accused appears by pleader and the evidence is in a language not understood by the pleader, it shall be:

A) Grounds for a mistrial

B) Ignored

C) Interpreted to the pleader

D) The pleader's fault

9 / 100

Under Order VII, Rule 11, a plaint shall be rejected if the suit appears from the statement in the plaint to be barred by any law. This includes being barred by:

A) The Law of Limitation

B) Section 80 CPC (English) (want of notice)

C) All of the above

D) Res Judicata (if apparent from the plaint)

10 / 100

If a person kills another in the exercise of the right of private defence in good faith, the act is:

A) Murder

B) Culpable homicide not amounting to murder

C) Accident

D) Justifiable homicide with no punishment

11 / 100

"Cause of action" essentially means:

A) The court's jurisdiction

B) Every fact which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment

C) The reason a lawyer is hired

D) The final argument

12 / 100

When a plaint is rejected, does the plaintiff have the right to file an appeal?

A) No, it's an interlocutory order

B) No, they can only file a fresh suit

C) Yes, because rejection of a plaint is deemed to be a "decree" under Section 2(2)

D) Yes, but only a revision

13 / 100

It is a

A) (c)

B) (b)

C) (d)

D) (a)

14 / 100

Culpable homicide does NOT amount to murder if committed:

A) For financial gain

B) In a sudden fight in the heat of passion

C) Without provocation

D) With premeditation

15 / 100

What is the maximum imprisonment for the offence of molestation under the Penal Code, as per the text provided?

A) Three years

B) One year

C) Two years

D) Five years

16 / 100

Under Section 363, what must a Sessions Judge or Magistrate record regarding a witness under examination?

A) The witness's exact age

B) The witness's clothing

C) Such remarks (if any) as he thinks material respecting the demeanour of such witness

D) The witness's religion

17 / 100

Under Section 364(1), how must the examination of an accused by a Magistrate/Court be recorded?

A) It is not recorded

B) Only the confession part is recorded

C) Only a brief summary is needed

D) The whole examination, including every question and every answer, shall be recorded in full

18 / 100

Which section of the Code of Civil Procedure, 1908 is directly referenced in Section 6(1)?

A) Section 48

B) Section 11

C) Section 151

D) Section 10

19 / 100

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

A) 42nd Report

B) 14th Report

C) 1st Report

D) 100th Report

20 / 100

"Substituted Service" under Order V, Rule 20 is effective from:

A) The date the plaintiff informs the defendant verbally

B) The date it is published or affixed, as directed by the Court

C) The date of the next hearing

D) The date the defendant finally sees it

21 / 100

When does the right to private defence commence?

A) When a verbal threat is made from a distance

B) As soon as a reasonable apprehension of danger to the body arises

C) When the attacker is arrested

D) When actual harm is inflicted

22 / 100

According to Section 366(1), the judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced or its substance explained in:

A) A closed session

B) Open Court

C) The Judge's chamber

D) The police station

23 / 100

"Relationship is not a factor to affect credibility of a witness" held by the Supreme Court in

A) Minu Kumari v. State of Bihar, AIR 2006 SC 150.

B) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716

C) Syed Ibrahim v. State of Andhra Pradesh, AIR 2004 SC 2596

D) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056

24 / 100

The offence of extortion can be committed against:

A) All of the above

B) Movable property

C) Immovable property

D) Valuable security

25 / 100

Under Order IX, Rule 13, setting aside an ex-parte decree requires showing "sufficient cause". Which of the following is generally NOT considered sufficient cause?

A) Sudden severe illness of the party or their pleader

B) Late arrival of trains/buses due to unavoidable accidents

C) Mere forgetfulness or negligence of the party

D) Imprisonment of the party without access to a lawyer

26 / 100

The evidence unearthed is

A) oral evidence

B) documentary evidence

C) scientific evidence

D) hearsay evidence

27 / 100

(Illustration) Right to sue accrues to X during minority. X dies. Minor son Y succeeds. When does time run against Y?

A) From the date Y attains majority

B) It doesn't run at all

C) From the original date of accruer

D) From X's date of death

28 / 100

Are sections 4 to 25 inclusive acting as exceptions to the general rule of dismissal in Section 3?

A) Yes

B) Only sections 4 to 10

C) Only sections 12 to 25

D) No

29 / 100

Does Section 6(1) apply to applications for the execution of a decree?

A) No

B) Only monetary decrees

C) Yes

D) Only decree of possession

30 / 100

Examination of witnesses in criminal cases through video conferencing is

A) permissible

B) impermissible

C) permissible at the option of the witness

D) permissible at the option of the accused.

31 / 100

Under Section 9, a person can file a suit if he is dispossessed of immoveable property:

A) Without his consent, otherwise than in due course of law

B) By a lawful court order

C) After selling the property

D) With his consent

32 / 100

The offence of criminal breach of trust requires that a person must be:

A) Entrusted with property or dominion over the property

B) Using force to take property

C) Found in possession of stolen property

D) Deceiving someone to deliver property

33 / 100

Section 135A exempts from arrest and detention under civil process the:

A) Minors

B) Members of the Legislative Assembly/Parliament during the continuance of a meeting

C) Foreign tourists

D) Police officers

34 / 100

Which confession needs a closer scrutin

A) confession made to officers under NDPS Act

B) confession made to private citizens

C) when confessional statement found voluntary and free from pressure

D) confession made to officials who do not have investigation powers under NDPS Act

35 / 100

A "Caveat" filed under Section 148A remains in force for how many days from the date of its lodging?

A) 120 days

B) 90 days

C) 30 days

D) 60 days

36 / 100

Under Sec 5, who must satisfy the court about "sufficient cause"?

A) The court clerk

B) The respondent

C) The public prosecutor

D) The appellant or applicant

37 / 100

When evidence is given in English (Section 356(2)) and the accused is not familiar with English, what must form part of the record?

A) An authenticated translation of such evidence in the language of the Court

B) A dictionary

C) An audio recording

D) A signed waiver from the accused

38 / 100

According to Section 353, except as otherwise expressly provided, all evidence taken under Chapters XX, XXII, and XXIII shall be taken in the presence of:

A) A Jury

B) The Public Prosecutor only

C) The investigating officer

D) The accused, or, when his personal attendance is dispensed with, in presence of his pleader

39 / 100

Under Order V, Rule 9, if the defendant refuses to accept the summons sent by registered post, the Court shall declare that the summons has been:

A) Returned for amendment

B) Void

C) Lost

D) Duly served

40 / 100

Order X, Rule 2 empowers the Court to examine parties orally. This power is:

A) Only applicable to witnesses, not parties

B) To be used at the end of the trial

C) Intended to clarify pleadings and elucidate matters in controversy

D) Used to pass a final decree immediately

41 / 100

Dying declaration can be sole basis of conviction if it inspires full confidence of the court. The court should be satisfied

A) that deceased was not in a fit state of mind at the time of making the statement

B) that it was not the result of tutoring, prompting or product of imagination

C) both (a) & (b)

D) that deceased was in a fit state of mind at the time of making the statement

42 / 100

If evidence under Section 356 is NOT taken down in writing by the Magistrate or Sessions Judge himself, he must:

A) Let the defense lawyer write it

B) Stop the trial

C) Fire his clerk

D) Make a memorandum of the substance of what the witness deposes as the examination proceeds

43 / 100

(Illustration) Debt to firm E, F, G. E & F insane, G minor. When will time run against them?

A) Immediately

B) After 3 years

C) Never

D) When G attains majority, or either E or F becomes sane

44 / 100

What must the Magistrate/Judge certify under his own hand regarding the examination of the accused?

A) That it was taken in his presence and hearing and contains a full and true account

B) That the accused had a lawyer

C) That the accused is guilty

D) That the police did not torture him

45 / 100

A "Counter-claim" under Order VIII, Rule 6A can be filed by the defendant in respect of a cause of action accruing:

A) Either before or after the filing of the suit, but before the defendant has delivered his defense or before the time limited for delivering his defense has expired

B) Only before the institution of the suit

C) After the final judgment

D) Only during the appeal

46 / 100

Under Section 356, in trials before Courts of Session and inquiries under Chapter XII, the evidence of each witness shall be:

A) Taken down in writing in the language of the Court by the Magistrate/Judge or under his personal direction

B) Summarized by the police

C) Recorded only if the accused asks for it

D) Kept strictly confidential

47 / 100

Who is responsible for publishing the voter list for Bar Council elections?

A) Attorney General

B) Election Commission

C) Secretary of Bar Council

D) Registrar of Supreme Court

48 / 100

Under Section 11, a person having possession of an article of moveable property, of which he is not the owner, may be compelled to deliver it to the person entitled to immediate possession when:

A) The thing is held by the defendant as the agent or trustee of the claimant

B) Compensation in money would afford adequate relief

C) The property is easily replaceable

D) The property has no real value

49 / 100

A counter-claim must not exceed the:

A) Amount claimed by the plaintiff

B) Plaintiff's bank balance

C) Pecuniary limits of the jurisdiction of the Court

D) Value of the disputed property

50 / 100

Under Order VI, Rule 4, particulars (with dates and items) must be stated in the pleadings when a party relies on:

A) Undue influence

B) Breach of trust or willful default

C) All of the above

D) Fraud or misrepresentation

51 / 100

Section 10 allows the recovery of:

A) Real estate

B) Goodwill

C) Unregistered land

D) Specific moveable property

52 / 100

Where is the office of the Bangladesh Bar Council located?

A) Segunbagicha

B) Shahbagh

C) Supreme Court Premises

D) Kakrail

53 / 100

The primary aim of Criminal Law is:

A) Rehabilitation

B) Restitution

C) Mediation

D) Punishment

54 / 100

If a necessary party is NOT joined in a suit (Non-joinder), the suit is liable to be:

A) Decreed immediately

B) Dismissed

C) Stayed indefinitely

D) Converted into a criminal case

55 / 100

The presumption under section 41 of Evidence Act is a

A) rebuttable presumption of law

B) irrebuttable presumption of law.

C) presumption of fact

D) presumption of fact & law.

56 / 100

Can a suit under Section 9 be brought against the Government?

A) Yes, with permission

B) No

C) Yes, always

D) Only in special tribunals

57 / 100

Section 8 deals with the recovery of:

A) Liquidated damages

B) Lost documents

C) Specific moveable property

D) Specific immoveable property

58 / 100

If a defendant fails to present a written statement within the prescribed time limit, the Court may pronounce judgment against them under:

A) Order VIII, Rule 1

B) Order VIII, Rule 10

C) Order VIII, Rule 5

D) Order IX, Rule 6

59 / 100

A person entrusted with property commits criminal breach of trust if he:

A) Dishonestly misappropriates the property to his own use

B) Reports it stolen

C) Keeps it safely in a bank

D) Loses it accidentally

60 / 100

Actus Reus includes:

A) Mental thoughts only

B) Both positive and negative acts

C) Positive acts only

D) Negative acts only

61 / 100

If evidence is taken down in a language the witness does not understand, it must be (Section 360(3)):

A) Interpreted to him in the language in which it was given or one he understands

B) Sent to a translator

C) Ignored

D) Given to him to read later

62 / 100

The principle of "Departure" in pleadings (Order VI, Rule 7) prohibits a party from:

A) Raising a new ground of claim or containing an allegation of fact inconsistent with their previous pleadings (except by way of amendment)

B) Appealing the case

C) Changing their lawyer

D) Leaving the courtroom during a hearing

63 / 100

Zahira Sheikh was prime witness in

A) Best Bakery case (2004)

B) Sukh Ram disproportionate assets case (2005)

C) Gujjar killings case (2003).

D) Best Bakery retrial case (2006)

64 / 100

Section 153 grants the Court the general power to:

A) Change the substantive law

B) Amend any defect or error in any proceeding in a suit to determine the real question or issue

C) Arrest any party without warrant

D) Transfer cases to foreign courts

65 / 100

Order II, Rule 2(3) states that a person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs. If they omit to sue for all, EXCEPT with the leave of the Court, they shall:

A) Not afterwards sue for any relief so omitted

B) Be fined

C) Be allowed to sue for them later anytime

D) Lose their citizenship

66 / 100

Under Section 148A, if a caveat has been lodged, and an application is filed in a suit or proceeding, the Court MUST serve a notice of the application on the:

A) Plaintiff

B) Caveator

C) Government

D) Police

67 / 100

Culpable homicide amounts to murder if the offender knows their act is:

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

B) Likely to cause minor injury

C) Against public policy

D) Somewhat dangerous

68 / 100

Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because

A) contempt of courts does not require enquiry and the investigation

B) contempt proceedings are tried in higher judiciary.

C) of summary nature of inquiry

D) contempt matters are governed by special Acts

69 / 100

Under Section 361(1), whenever evidence is given in a language not understood by the accused who is present in person, it shall be:

A) Translated and mailed to him

B) Summarized for him at the end of the trial

C) Ignored if his lawyer understands it

D) Interpreted to him in open Court in a language understood by him

70 / 100

Section 153B of the Bangladesh Penal Code deals with an offence regarding:

A) Affray

B) Imputation or assertions prejudicial to national integration

C) Blasphemy

D) Rioting

71 / 100

An accused can be convicted on the basis of his extra judicial confession only if it is made before

A) a Magistrate

B) none of these.

C) a police officer

D) a credible person

72 / 100

Under Section 7, what is required for time to run against jointly entitled persons when one is disabled?

A) The capable persons must wait

B) The disabled person must consent

C) A court order

D) A discharge can be given without the concurrence of the disabled person

73 / 100

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

A) Likely to cause a fracture

B) Meant to threaten the victim

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

D) Intended to cause pain

74 / 100

The limits of Bangladesh’s Territorial Waters are described under which Act?

A) The Bangladesh Penal Code, 1860

B) The Constitution of Bangladesh

C) The Sea Customs Act, 1878

D) Territorial waters, Continental shelf, Exclusive economic zone and other Maritime zones Act, 1976

75 / 100

For taking the dying declaration (doctor's fitness certificate is)

A) not mandatory

B) required at the request of the police

C) required at the request of the relative of the deceased

D) mandatory

76 / 100

According to Section 3, when is a suit instituted in the case of a claim against a wound-up company?

A) When the liquidator is appointed

B) When the court confirms the claim

C) When the claimant first sends in his claim to the official liquidator

D) On the date of winding up

77 / 100

The landmark Supreme Court judgment laying down mandatory guidelines against arbitrary arrest and police remand (Section 54 and 167 CrPC) in Bangladesh is:

A) Naina Sahni case (2007)

B) Parliament attack case (2006).

C) BLAST vs Bangladesh (55 DLR 363)

D) Uphaar Cinema case (2005)

78 / 100

According to Section 12, what does the Court presume regarding the breach of a contract to transfer immoveable property?

A) It can be resolved by arbitration only

B) It cannot be adequately relieved by compensation in money

C) It is always void

D) It can be adequately relieved by compensation in money

79 / 100

Who has the power to remove an elected member of the Bar Council?

A) No specific provision

B) Other members

C) High Court

D) Attorney General

80 / 100

Who is considered the root of Bangladesh Criminal Jurisprudence?

A) Kautilya

B) Ashoka

C) Manu

D) Lord Macaulay

81 / 100

Under Section 365, who prescribes the rules for how evidence shall be taken down in cases coming before the High Court Division?

A) The Supreme Court

B) The Law Ministry

C) The President

D) The Government

82 / 100

According to Section 359, evidence taken under Section 356 or 357 shall ordinarily be taken down in what form?

A) As a bulleted list

B) In the form of question and answer

C) In the form of a narrative

D) In a shorthand code

83 / 100

In the offence of extortion, the threat or fear (trust) may be used against:

A) The victim's relatives only

B) The victim only

C) Public servants only

D) Any one

84 / 100

Specific relief cannot be granted for the mere purpose of enforcing:

A) A trust

B) A penal law

C) A contract

D) A civil law

85 / 100

When the evidence of a witness taken under Section 356 or 357 is completed, it shall be (Section 360):

A) Destroyed

B) Sent to the press

C) Sealed immediately

D) Read over to him in the presence of the accused (or his pleader) and corrected if necessary

86 / 100

What kind of right to present possession is sufficient to support a suit under Section 10?

A) Absolute ownership only

B) Voidable rights

C) A special or temporary right

D) Future inheritance rights

87 / 100

What is the main function of the Legal Education Committee?

A) Fund supervision

B) Judging advocates

C) Issuing certificates

D) Regulating standard of legal education

88 / 100

Can a person affected by a legal disability institute a suit during the disability?

A) No, strictly prohibited

B) Yes, through legal representatives or next friends

C) Only with the President's permission

D) Only if the defendant agrees

89 / 100

Who must sign the record of the accused's examination under Section 364(2) when it is made conformable to the truth?

A) Only the Magistrate/Judge

B) Only the accused

C) The accused AND the Magistrate or Judge

D) The police

90 / 100

Under Section 355(1), in cases tried by a Magistrate of the 1st or 2nd class under Chapter XX or XXII, the Magistrate shall make a:

A) Word-for-word transcript of the entire proceeding

B) Voice recording only

C) Video recording

D) Memorandum of the substance of the evidence of each witness

91 / 100

In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made

A) Jagdish Murav v. State of Uttar Pradesh, AIR 2007 SC 35

B) Rajinder v. State of Haryana, AIR 2006 SC 21

C) Syed Ibrahim v. State of Andhra Pradesh, AIR 2006 SC 2908

D) Surendra Prasad Tiwari v. State of Uttar Pradesh, AIR 2005 SC 125

92 / 100

If a Magistrate is prevented from making the memorandum himself under Section 355, what must he do?

A) Record the reason of his inability, dictate it in open Court, and sign it

B) Ask the police to write it

C) Postpone the trial

D) Dismiss the witness

93 / 100

Where there are three different dying declarations, Higher Court is

A) to go through the circumstantial evidence to uphold the conviction awarded by lower court

B) not to uphold the conviction awarded by lower court

C) to rely upon the versions of witnesses to uphold the conviction awarded by lower court.

D) to uphold the conviction awarded by lower court

94 / 100

Under Section 357, who may direct that evidence be taken down by the Sessions Judge or Magistrate in his mother-tongue?

A) The District Magistrate

B) The Government

C) The High Court Division

D) The Supreme Court

95 / 100

Order I, Rule 10(2) empowers the Court to strike out or add parties. A party whose presence is necessary for the Court to effectively and completely adjudicate upon all questions in the suit is known as a:

A) Necessary party

B) Proper party

C) Alien party

D) Third party

96 / 100

Section 152 allows the Court to correct clerical or arithmetical mistakes in judgments, decrees, or orders:

A) Never

B) Only within 30 days

C) At any time, either of its own motion or on the application of any of the parties

D) Only during an appeal

97 / 100

The Bangladesh Penal Code punishes:

A) Involuntary acts

B) Voluntary acts

C) Acts of God

D) Accidental acts

98 / 100

Which of the following is true regarding a suit instituted under Section 9?

A) Both appeal and review are allowed

B) No appeal shall lie, nor shall any review be allowed

C) An appeal shall lie from the order

D) A review is allowed

99 / 100

The quote stating that a statute may make an act criminal "whether there has been any intention to break the law... or not" is from:

A) K.M. Nanavati v. State

B) R. v. Tolson

C) R. v. Prince

D) Barendra Kumar Ghosh v. King Emperor

100 / 100

If a witness denies the correctness of any part of the evidence when it is read over to him, the Magistrate/Judge may:

A) Arrest the witness for perjury

B) Instead of correcting it, make a memorandum of the objection and add necessary remarks

C) Fine the witness

D) Erase the whole testimony

The average score is 0%

0%

Bar Council Full Model Test 52 English | 100 Marks 60 Min