Bar Council Full Model Test 53 English

Bar Council Full Model Test 53 (English)

Bangladesh Bar Council Preliminary Full Model Test 53

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

Under Order XII, Rule 6, a judgment on admissions can be passed:

A) Only at the first hearing

B) Only if the admission is in writing

C) Whether the admission of fact is made in the pleading or otherwise, whether orally or in writing

D) Only if the defendant signs a confession

2 / 100

Under Section 15, if the unperformed part is large, who can demand specific performance of the performable part?

A) The government

B) Any third party

C) The party in default

D) The party not in default, provided they relinquish all claims to further performance and compensation

3 / 100

Which Article of the Constitution of Bangladesh mandates that lands/minerals underlying the ocean within territorial waters vest in the Union?

A) Article 297

B) Article 300

C) Article 1

D) Article 12

4 / 100

Under the proviso to Section 376, an order confirming a death sentence shall NOT be made until:

A) Six months have passed

B) The President signs it

C) The period allowed for preferring an appeal has expired, or the appeal is disposed of

D) The accused confesses

5 / 100

Bangladeshn Evidence Act was drafted by:

A) Lord Macaulay

B) Sir James F. Stephen

C) Sir Henry Summer Maine

D) Huxley

6 / 100

According to the Vienna Convention, who holds immunity against criminal prosecutions?

A) High commissioners

B) All of the above

C) Ambassadors

D) UN representatives

7 / 100

A corporate body being prosecuted for defamation implies that:

A) Defamation is only a civil wrong

B) Only newspapers can be sued

C) Legal entities hold a reputation that can be defamed

D) Defamation requires bodily harm

8 / 100

Can an advocate be a director of a company?

A) No, under no circumstances

B) Cannot be MD or hold lucrative executive post

C) Only state companies

D) Yes, any company

9 / 100

A judgment in an election petition is not one of the judgments specifically recognised by

A) section 56 of the Evidence Act

B) section 41 of the Evidence Act

C) section 42 of the Evidence Act

D) section 57 of the Evidence Act

10 / 100

Section 21A requires that a contract for sale of any immovable property cannot be specifically enforced unless it is:

A) Approved by the local chairman

B) In writing and registered under the Registration Act, 1908

C) Stamped with a Tk. 100 stamp

D) Verbal and witnessed

11 / 100

What is an advocate's primary duty to the public?

A) Joining politics

B) Free legal aid

C) Assisting in establishing rule of law

D) Running business

12 / 100

If an auction purchaser applies to set aside a sale under Order XXI, Rule 91, the ground must be that:

A) The location is bad

B) The property is ugly

C) The judgment-debtor had no saleable interest in the property sold

D) The price was too high

13 / 100

(Illustration) Right to sue for hereditary office while insane. Recovers reason 6 yrs later. Ordinary law gives 6 yrs. Does Sec 6 extend this?

A) Yes, by 3 years

B) Yes, by 12 years

C) Time is halved

D) No extension of time will be given

14 / 100

The statutory definition of the offence of perjury in Bangladesh is given under:

A) Section 194 PENAL CODE

B) Section 193 PENAL CODE

C) Section 191 PENAL CODE

D) Section 192 PENAL CODE

15 / 100

A party to whom interrogatories are administered must answer them by:

A) Filing an unsworn document

B) Giving oral testimony

C) Writing a letter to the judge

D) Affidavit within 10 days, or such other time as the Court may allow

16 / 100

When the High Court Division directs further inquiry under Section 375, is the presence of the convicted person required?

A) Only if his lawyer is absent

B) No, unless the High Court Division otherwise directs, his presence may be dispensed with

C) Yes, he must be kept in an iron cage

D) Yes, always

17 / 100

Under the Evidence Act, fact means:

A) factum probans

B) factum probandum

C) none of the above

D) both factum probandum and factum probans

18 / 100

What is the presumption under Section 12 regarding the breach of a contract to transfer moveable property?

A) It cannot be adequately relieved by compensation in money

B) It requires mandatory injunction

C) It can be adequately relieved by compensation in money

D) It requires specific performance always

19 / 100

Order XXI, Rule 22 requires a notice to be sent to the judgment-debtor if the execution application is made more than how many years after the date of the decree?

A) 12 years

B) 5 years

C) 1 year

D) 2 years (as per amendment)

20 / 100

Under Section 367(1), every judgment shall contain the point or points for determination, the decision thereon, and:

A) A moral lesson

B) The reasons for the decision

C) The criminal history of the victim

D) The names of all police officers involved

21 / 100

Within the meaning of Section 191 of the Penal Code, an affidavit is considered:

A) Evidence

B) Hearsay

C) A contract

D) A private document

22 / 100

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

A) Trespass

B) Battery

C) Manslaughter

D) Assault

23 / 100

(Illustration) Landlord A is an idiot. Dies 3 yrs later, idiocy continuing. Representative has 9 yrs under ordinary law. Does Sec 6 extend this?

A) The right is extinguished

B) Yes, adds 3 years

C) Yes, adds 12 years

D) No, it does not extend the time

24 / 100

Under Section 371(3), when a Sessions Judge sentences an accused to death, what further information MUST he give the accused?

A) The period within which, if he wishes to appeal, his appeal should be preferred

B) The name of the executioner

C) The location of the prison

D) His right to a last meal

25 / 100

Presumptions under the law of evidence are:

A) only (b) & not (a)

B) both (a) & (b)

C) presumptions of law

D) presumption of facts

26 / 100

The facts which form part of the same transaction are relevant:

A) under section 5 of Evidence Act

B) under section 8 of Evidence Act

C) under section 7 of Evidence Act

D) under section 6 of Evidence Act

27 / 100

Fabricating false evidence is defined under:

A) Section 190 PENAL CODE

B) Section 193 PENAL CODE

C) Section 192 PENAL CODE

D) Section 191 PENAL CODE

28 / 100

In a Garnishee proceeding, the "Garnishee" is:

A) The decree-holder

B) The judgment-debtor

C) The executing Court

D) A third party who owes a debt to the judgment-debtor

29 / 100

Under Order XIV, issues are classified into Issues of Fact and Issues of Law. If an issue of law relates to jurisdiction or a bar to the suit, it is termed a:

A) Preliminary issue

B) Redundant issue

C) Conclusive issue

D) Vexatious issue

30 / 100

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

A) Section 500

B) Section 509

C) Section 503

D) Section 506

31 / 100

Does Section 14(2) apply to suits or applications?

A) Only suits

B) Only appeals

C) Any application

D) Only criminal cases

32 / 100

If the accused is convicted of an offence punishable with death or transportation for life, what MUST the Court state in its judgment under Section 367(5)?

A) The reasons for the sentence awarded

B) The executioner's name

C) An apology to the family

D) The date of execution

33 / 100

Does a contract become wholly impossible of performance because a portion of its subject-matter has ceased to exist (Section 13)?

A) Yes, if it is immoveable property

B) Yes, if it is moveable property

C) No, not wholly impossible

D) Yes, always

34 / 100

Under Section 21, can a contract to refer present or future differences to arbitration be specifically enforced?

A) Yes, if the court orders

B) No

C) Yes

D) Yes, if both parties agree after breach

35 / 100

Under what condition MUST the whole judgment be read out by the presiding Judge?

A) Only in murder cases

B) Always

C) If he is requested to do so either by the prosecution or the defence

D) If the media is present

36 / 100

What should be the size of an advocate's signboard or nameplate?

A) As big as possible

B) Neon sign

C) Huge banner

D) Modest and consistent with dignity

37 / 100

Culpable homicide does not amount to murder if the offender kills someone due to:

A) Financial desperation

B) Sudden fight in the heat of passion

C) Voluntary intoxication

D) Old enmity

38 / 100

Section 13 states that the time a defendant is absent from territories under whose administration is excluded?

A) The Government

B) The British Crown

C) The UN

D) Foreign powers

39 / 100

Under Section 368(1), when a person is sentenced to death, what specific direction must the sentence contain?

A) That he be electrocuted

B) That he be hanged by the neck till he is dead

C) That he be given lethal injection

D) That he be shot

40 / 100

Order XX, Rule 6A mandates that the last paragraph of the judgment shall indicate in precise terms the:

A) Name of the lawyers

B) Relief granted

C) Costs awarded

D) Reasons for the decision

41 / 100

The object of allowing "Interrogatories" under Order XI is to:

A) Know the evidence of the opponent

B) Harass the opposite party

C) Obtain admissions from the opponent to facilitate the proof of one's own case and to ascertain the opponent's case

D) Delay the proceedings

42 / 100

Under Section 11(2), what two conditions make a foreign rule of limitation a valid defense in Bangladesh?

A) Contract is written AND notarized

B) Contract extinguished by rule AND parties domiciled there

C) Claim exceeds 10k Taka AND defendant is foreigner

D) Plaintiff agrees AND court approves

43 / 100

What essential change was made in section 154 of the Bangladeshi Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005'?

A) two statements sought to be contradicted in addition should be drawn to previous statement

B) the party is entitled to rely on any part of the evidence of the witness to whom he has called to put any question to him, which might be put in cross-examination by the adverse

C) former statement of witness may be proved to corroborate later testimony as to same fact.

D) corroborating a witness by questioning him on surrounding circumstances

44 / 100

Examination-in-chief of a witness is now mostly given on affidavit (Order XVIII, Rule 4). What about cross-examination and re-examination?

A) They are not allowed

B) They must be done via email

C) They must also be on affidavit

D) They shall be taken orally either by the Court or by a Commissioner

45 / 100

Motives, preparation and conduct are relevant:

A) under section 6 of Evidence Act

B) under section 9 of Evidence Act

C) under section 7 of Evidence Act

D) under section 8 of Evidence Act

46 / 100

Section 51 provides conditions for arrest in execution of a money decree. The Court must be satisfied that the judgment-debtor:

A) Has refused to pay despite having the means to pay

B) Is about to abscond

C) Has dishonestly transferred his property

D) Any of the above

47 / 100

The Supreme Court held that a woman cannot be made an accused in the case of Gang Rape in the case of:

A) State of Punjab Vs. Gurmit Singh

B) Mathura Vs. State of Maharashtra

C) Priya Patel Vs. State of M.P.

D) Vishaka Vs. State of Rajasthan

48 / 100

Order XXI, Rule 46 deals with the attachment of a debt not secured by a negotiable instrument. This process is commonly known as:

A) Subrogation

B) Restitution

C) Pre-emption

D) Garnishee proceedings

49 / 100

Is a judgment deemed invalid solely because of the absence of a party or his pleader on the day notified for delivery?

A) Yes

B) Only in capital cases

C) Only if it's the defense pleader

D) No

50 / 100

Section 18 outlines the purchaser's rights against a vendor with:

A) Perfect title

B) Imperfect title

C) Registered title

D) Joint title

51 / 100

Order XIII, Rule 1 mandates that original documentary evidence MUST be produced:

A) At or before the settlement of issues

B) During final arguments

C) Before the Supreme Court

D) Only if the opposite party asks for it

52 / 100

Self-regarding' statements:

A) none of the above

B) can be self-harming statements

C) can be self-serving or self-harming

D) can be self-serving statements

53 / 100

A judgment shall be dated and signed by the presiding officer in open Court at the time of pronouncing it. If not written by his own hand, what else must he do?

A) Stamp it

B) Sign every page of such judgment

C) Read it thrice

D) Have the clerk sign it

54 / 100

Can an advocate mention their political position on their visiting card?

A) No, it violates conduct rules

B) During elections

C) Yes

D) If an MP

55 / 100

Under Section 10, does the exemption from limitation apply to "assigns for valuable consideration" of a trustee?

A) No, they are explicitly excluded

B) Only for real estate

C) Only if the assignment was secret

D) Yes

56 / 100

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

A) It repealed the section

B) True

C) Partially True

D) False

57 / 100

Order XXI, Rule 89 allows a judgment-debtor to set aside a sale by depositing the decretal amount plus a 5% penalty. Order XXI, Rule 90 allows setting aside the sale on the ground of:

A) Want of title

B) Mutual mistake

C) Non-payment of court fees

D) Material irregularity or fraud in publishing or conducting the sale

58 / 100

Things of value underlying the ocean within Bangladesh's exclusive economic zone are held for the purposes of:

A) The State Governments

B) Private Corporations

C) The Union

D) Local Panchayats

59 / 100

According to Section 349 of the Penal Code, the use of force caused to property without affecting a human being is:

A) Considered "use of force"

B) Considered criminal force

C) Not considered "use of force"

D) Considered assault

60 / 100

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

A) Only if its directors are also prosecuted

B) No, only natural persons can defame

C) No, because a corporation has no mind

D) Yes, a corporate body can be prosecuted

61 / 100

Photostat copy of family settlement is allowed to be produced before court as

A) secondary evidence

B) electronic evidence

C) primary evidence

D) original evidence.

62 / 100

If a party needs an adjournment because their pleader is engaged in another Court, is this generally a sufficient ground for adjournment under Order XVII?

A) Yes, automatically

B) No, the fact that the pleader is engaged in another Court shall not be a ground for adjournment (as per strict CPC (English) provisos)

C) Yes, if the client is wealthy

D) Yes, if the other court is the High Court

63 / 100

"Abatement" of a suit under Order XXII means:

A) Transfer of the suit to another court

B) Temporary suspension of the suit

C) Premature termination of the suit due to the death of a party and failure to bring legal representatives on record within the prescribed time

D) Compromise of the suit

64 / 100

Section 14(1) requires the prior proceeding to have been prosecuted due to a defect of jurisdiction or:

A) Fraud by the defendant

B) Other cause of a like nature

C) Lack of evidence

D) Witness absence

65 / 100

Section 3 of the Territorial waters, Continental shelf... Act, 1976 describes:

A) The definition of a ship

B) Fishing limits

C) Piracy laws

D) The limits of Bangladesh's Territorial Waters

66 / 100

Under Section 371(1), on application, a copy of the judgment (or a translation) shall be given to the accused. In cases other than Chapter XX, is there a cost?

A) Yes, if the accused is wealthy

B) Only if the judgment exceeds 10 pages

C) No, it shall be given free of cost

D) Yes, standard copying fees apply

67 / 100

When a sentence of transportation is passed (Section 368(2)), what must NOT be specified?

A) The reason

B) The place to which the person is to be transported

C) The section of law

D) The duration

68 / 100

Under Order XXI, Rule 54, attachment of immovable property is made by an order prohibiting the judgment-debtor from transferring the property. This order must be:

A) Affixed on the court house

B) Proclaimed at some place on or adjacent to such property by beat of drum or other customary mode

C) All of the above

D) Affixed on a conspicuous part of the property

69 / 100

Under Section 367(2), what must the judgment specify regarding a conviction?

A) The prison cell number

B) The exact fine amount only

C) Only the jail time

D) The offence, the section of the Penal Code/law, and the punishment

70 / 100

According to Section 374, a sentence of death passed by a Court of Session shall not be executed unless it is confirmed by the:

A) Chief Justice alone

B) High Court Division

C) President

D) Prime Minister

71 / 100

Under Section 376, what power does the High Court Division have regarding a submitted death sentence?

A) It may confirm the sentence

B) All of the above

C) It may annul the conviction and convict the accused of another offence

D) It may acquit the accused person

72 / 100

A confession to be inadmissible under section 25 of the Evidence Act

A) must relate to another crime

B) none of the above.

C) may relate to the same crime 'for which offender is charged

D) must relate to the same crime for which offender is charged

73 / 100

If the judgment is an acquittal (Section 367(4)), it shall state the offence and direct that the accused be:

A) Put on probation

B) Set at liberty

C) Exiled

D) Fined

74 / 100

Under Order XXI, Rule 69, an executing court has the discretion to adjourn an execution sale. If the sale is adjourned for more than a specified period (e.g., 30 days), what must be done?

A) The decree is cancelled

B) A fresh proclamation must be issued

C) The judgment-debtor is arrested

D) The property is returned

75 / 100

Order XXI, Rule 37 provides that before issuing an arrest warrant for a money decree, the Court shall issue a:

A) Non-bailable warrant

B) Proclamation of sale

C) Notice to the police

D) Notice to show cause why the debtor should not be committed to civil prison

76 / 100

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

A) Section 332 PENAL CODE

B) Section 186 PENAL CODE

C) Section 353 PENAL CODE

D) Section 144 PENAL CODE

77 / 100

Standard of proof in:

A) either (a) or (c) are correct

B) criminal case is lower than in civil cases

C) civil and criminal cases is the same

D) criminal cases is much more higher than in civil cases

78 / 100

Which of the following is true about "Abetment"?

A) It requires the physical presence of the abettor.

B) It is complete as soon as the incitement occurs.

C) It cannot be done through conspiracy.

D) It is only an offence if the crime is actually committed.

79 / 100

Which of the following contracts cannot be specifically enforced under Section 21?

A) A contract which is in its nature revocable

B) All of the above

C) A contract where compensation is adequate relief

D) A contract made by trustees in breach of their trust

80 / 100

Falsus in uno, falsus in omnibus is

A) a rule of criminal law

B) a rule of evidence

C) a rule of evidence in criminal trial

D) not a rule of evidence in criminal trial.

81 / 100

When proceedings for a death sentence are submitted to the High Court Division under Section 375, what can the Court do if it thinks further inquiry is needed?

A) It must order a retrial from scratch

B) It must ask the police to investigate

C) It may make the inquiry/take evidence itself, or direct the Court of Session to do so

D) It must acquit the accused

82 / 100

The provision "hostile witness" is provided under section .....of Bangladeshi Evidence Act

A) section 154

B) section 133

C) section 145.

D) section 155

83 / 100

Which section of the Bangladeshi Evidence Act was amended by the Criminal Law (Amendment) Act, 2005

A) section 154

B) section 90A

C) section 32

D) section 118

84 / 100

What suspends the running of time for recovering a debt according to the proviso of Section 9?

A) The debtor leaving the country

B) The creditor falling ill

C) Letters of administration to the estate of a creditor being granted to his debtor

D) A national emergency

85 / 100

If an accused forcibly rubs his erected penis on the private parts of a girl without penetration and ejaculates, he is liable under:

A) Section 376 penal code only

B) Section 511 read with Section 376 PENAL CODE

C) Section 354 penal code only

D) Section 377 PENAL CODE

86 / 100

In what language must the judgment be delivered or explained?

A) Arabic

B) The language of the Court, or some other language which the accused or his pleader understands

C) Latin

D) Only English

87 / 100

Things said or done by a conspirator in reference to the common design is relevant:

A) under section 10 of Evidence Act

B) under section 6 of Evidence Act

C) under section 8 of Evidence Act

D) under section 12 of Evidence Act

88 / 100

When is the oath of an advocate administered?

A) At start of pupillage

B) Upon receiving certificate, at local bar

C) After viva

D) After written exam

89 / 100

In a decree for the payment of money, the Court may award interest (Section 34). The interest from the date of the decree to the date of payment is called:

A) Pendente lite interest

B) Pre-suit interest

C) Compound interest

D) Future/Decretal interest

90 / 100

Under Section 367(3), if the Court is doubtful under which of two sections (or parts) of the Penal Code the offence falls, it shall:

A) Distinctly express the same, and pass judgment in the alternative

B) Acquittal the accused

C) Ask the High Court

D) Pick the lesser charge automatically

91 / 100

According to Section 20, is the liquidation of damages a bar to specific performance?

A) Yes

B) Only in immoveable property cases

C) No

D) Only if the court allows

92 / 100

Under Section 19, any person suing for the specific performance of a contract may also ask for:

A) Arrest of the defendant

B) Immediate eviction

C) Compensation for its breach

D) Criminal charges

93 / 100

Under Section 12(3), when appealing a decree, what time is excluded besides the copy of the decree?

A) Travel time

B) Public holidays

C) Time spent hiring a lawyer

D) Time requisite for obtaining a copy of the judgment on which it is founded

94 / 100

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

A) Section 498 PENAL CODE

B) Section 494 PENAL CODE

C) Section 493 PENAL CODE

D) Section 497 PENAL CODE

95 / 100

In cases tried by a Court of Session, to whom must the Court forward a copy of its finding and sentence (Section 373)?

A) The Chief Metropolitan Magistrate/Chief Judicial Magistrate and District Magistrate

B) The local police station

C) The Ministry of Law

D) The Supreme Court

96 / 100

Under Section 14, if the unperformed part of a contract bears only a small proportion to the whole in value, the Court may direct specific performance and:

A) Punish the defaulting party

B) Award compensation in money for the deficiency

C) Cancel the contract completely

D) Rescind the rest of the contract

97 / 100

According to Section 369, once a Court has signed its judgment, can it alter or review it?

A) Yes, if the prosecution appeals

B) No, except to correct a clerical error

C) Yes, within 30 days

D) Yes, if new evidence appears immediately

98 / 100

Diplomatic agents are entitled to immunity against criminal prosecutions by virtue of:

A) The Vienna Convention

B) The Bangladesh Constitution

C) The Penal Code

D) The UN Charter

99 / 100

Under Order XVII, Rule 2, if parties fail to appear on an adjourned date, the Court may dispose of the suit in one of the modes directed by:

A) Order IX (e.g., dismissal or ex-parte)

B) Order XLI

C) Order XXI

D) Order I

100 / 100

Under Section 8, does Section 6 or 7 apply to suits to enforce rights of pre-emption?

A) Only in rural areas

B) Yes

C) No, it is a special exception

D) Only for family property

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Bar Council Full Model Test 53 English | 100 Marks 60 Min