Bar Council Full Model Test 54 English

Bar Council Full Model Test 54 (English)

Bangladesh Bar Council Preliminary Full Model Test 54

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

Every warrant for the execution of a sentence of imprisonment shall be directed to (Section 384):

A) The Executioner

B) The Public Prosecutor

C) The investigating police officer

D) The officer in charge of the jail or place of confinement

2 / 100

Illegal' means everything which:

A) Furnishes ground for a civil action

B) Is an offence

C) Is prohibited by law

D) All of the above

3 / 100

Is a trial valid if the evidence is taken while the accused is not present and his personal attendance has NOT been dispensed with?

A) Yes, for minor offences

B) Yes, if he gave written consent

C) No, Section 353 requires it to be taken in his presence

D) Yes, if his lawyer is present

4 / 100

Who is responsible for organizing refresher courses for advocates?

A) Bangladesh Bar Council

B) Ministry of Law

C) Supreme Court

D) Dhaka University

5 / 100

When a warrant is issued to the Collector under Section 386(1)(b), the warrant shall be deemed to be a:

A) Request

B) Summons

C) Decree (within the meaning of the Code of Civil Procedure)

D) Notice

6 / 100

If the fine or installment is NOT paid on the latest date ordered under Section 388, the Court may:

A) Direct the sentence of imprisonment to be carried into execution at once

B) Forgive the debt

C) Halve the fine

D) Extend the time by a year

7 / 100

Forgery is defined in:

A) Section 465

B) Section 467

C) Section 464

D) Section 463

8 / 100

Under Section 381, when a Court of Session receives the order of confirmation of a death sentence from the High Court Division, what must it do?

A) Hold another trial

B) Cause the order to be carried into effect by issuing a warrant or taking necessary steps

C) Send it to the District Magistrate

D) Ask the accused if he wants to appeal

9 / 100

In rectifying a written instrument, the Court is not confined to inquiring what the language of the instrument was intended to be, but may also inquire (Section 33):

A) The financial status of the parties

B) What the instrument was intended to mean and its intended legal consequences

C) The age of the parties

D) The location of the execution

10 / 100

A "Representative Suit" (Order I, Rule 8) cannot be withdrawn or compromised (Order XXIII) without:

A) A jury trial

B) The consent of the Prime Minister

C) The consent of the Attorney General

D) Notice to all persons interested, usually by public advertisement at the expense of the applicant

11 / 100

What can the Tribunal do if a summoned witness fails to appear?

A) All of the above

B) Issue arrest warrant

C) Impose fine

D) Take steps to enforce summons

12 / 100

Section 16 relates to the exclusion of time for proceedings to set aside what kind of sale?

A) Auction by a bank

B) Sale in execution of a decree

C) Private property sale

D) Sale of stolen goods

13 / 100

Which statement is correct regarding penal statutes?

A) They should have ex-post facto effect

B) All of the above

C) They should be determined by general laws

D) They should be strictly construed

14 / 100

Under Order XXXIII, if a person is permitted to sue as an indigent person, they are exempt from paying court fees. Are they also exempt from paying the fees for service of processes (summons)?

A) No, process fees must be paid

B) Yes, they are exempt from all fees

C) No, they pay double process fees

D) Yes, unless the judge decides otherwise

15 / 100

A contract implied by law is known as:

A) Implied contract

B) Expressed contract

C) Contingent contract

D) Quasi contract

16 / 100

Threatening to commit certain acts forbidden by the Penal Code is associated with:

A) Coercion

B) Fraud

C) Misrepresentation

D) Mistake

17 / 100

According to Section 382, what MUST the High Court Division do if a woman sentenced to death is found to be pregnant?

A) Order the execution to be postponed

B) Acquit her

C) Execute the sentence immediately

D) Wait until the child is 5 years old

18 / 100

Admissions:

A) are not conclusive proof of the matters admitted but operate as estoppel

B) are conclusive proof of the matters admitted

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

D) are conclusive proof of the matter and also operate as estoppel

19 / 100

Under Order XLI, Rule 5, an Appellate Court can order a stay of execution. Can the executing court itself order a stay if the time for filing an appeal has not expired?

A) Only if the plaintiff agrees

B) Yes, for sufficient cause, to enable the judgment-debtor to apply to the Appellate Court for a stay

C) Yes, permanently

D) No, never

20 / 100

A disputed handwriting can be proved:

A) by calling an expert

B) all the above

C) by examining a person acquainted with the handwriting of the writer of the questioned document

D) by comparison of the two-admitted & disputed handwritings

21 / 100

If an accused does not understand the proceedings (not insane), and the trial results in conviction, the Magistrate must forward the proceedings to the High Court Division. Which section mandates this?

A) Section 364

B) Section 341

C) Section 366

D) Section 353

22 / 100

Mode of proof of a custom is contained in:

A) section 32(4) of Evidence Act

B) all the above

C) section 32(7) of Evidence Act

D) section 48 of Evidence Act

23 / 100

Order XXVII, Rule 5 states that in suits against the Government, the Court shall allow a reasonable time for communication with the Government. This period shall not be less than:

A) 3 months

B) 1 month

C) 6 months

D) 2 months

24 / 100

The Bangladesh Penal Code came into force on:

A) 1 September, 1873

B) 1 July, 1882

C) 6 October, 1860

D) 1 January, 1862

25 / 100

Under Article 111 of the Constitution of Bangladesh, the law declared by the Appellate Division of the Supreme Court is binding on:

A) Only the subordinate courts

B) None of the above

C) All Courts except the Supreme Court

D) The High Court Division and all subordinate courts

26 / 100

If an assignee (transferee) acquires an interest in the subject matter of the suit during its pendency (Order XXII, Rule 10), the suit may be continued by or against him:

A) Never

B) Automatically

C) Only if the original party dies

D) With the leave of the Court

27 / 100

Under Section 383, a warrant for the execution of a sentence of imprisonment/transportation is forwarded by the Court to the:

A) District Magistrate

B) Police Commissioner

C) High Court

D) Jail in which the accused is to be confined

28 / 100

Confession of one accused is admissible against co-accused:

A) if they are tried jointly for the same offences

B) if they are tried for different offences and not jointly

C) if they are tried jointly for different offences

D) if they are tried for the same offences but not jointly

29 / 100

While conducting a case, what must an advocate do besides respecting the court?

A) Fearlessly uphold client's rights

B) Attack opposing counsel

C) Obey everything

D) Criticize judge

30 / 100

Under Section 378, if a bench of Judges hearing a confirmation case is equally divided in opinion, what is the procedure?

A) The death sentence is confirmed automatically

B) The accused is acquitted (benefit of doubt)

C) It goes to the President

D) The case is laid before another Judge, whose opinion determines the judgment

31 / 100

Under Section 388, if an offender is sentenced to fine only and imprisonment in default, the Court may suspend the execution of imprisonment and allow the fine to be paid in installments up to what maximum interval?

A) 30 days

B) 90 days

C) 60 days

D) 15 days

32 / 100

A Court can grant an ex-parte temporary injunction (Order XXXIX, Rule 3). However, if it does so, it MUST endeavor to dispose of the application (final hearing of the injunction matter) usually within:

A) 30 days

B) 7 days

C) 60 days

D) 15 days

33 / 100

Before 1972, which body regulated the legal profession in Bangladesh?

A) East Pakistan Bar Council

B) Bengal Bar Council

C) Pakistan Bar Council

D) Supreme Court

34 / 100

A dying declaration to be admissible:

A) may be made either before a magistrate or a police officer or a doctor or a private person

B) may be made before a doctor or a private person

C) must be made before a Magistrate

D) must be made before the police officer

35 / 100

According to Section 377, when a death sentence is confirmed by a High Court Division consisting of two or more Judges, the confirmation must be signed by at least:

A) One Judge

B) Two Judges

C) All Judges of the High Court

D) Three Judges

36 / 100

Admissions:

A) only in writing & not oral

B) must be in writing

C) either oral or in writing

D) must be oral

37 / 100

Section 39 deals with the:

A) Cancellation of instruments

B) Rescission of contracts

C) Rectification of instruments

D) Declaratory decrees

38 / 100

Which Article describes the functions of the Bar Council?

A) Article 8

B) Article 10

C) Article 12

D) Article 5

39 / 100

Under Sec 14 Explanation I, in excluding the time of a former pending suit, is the day it ended counted in the excluded time?

A) No

B) Yes

C) Only if it was a working day

D) Court's discretion

40 / 100

What must be deposited in the court at the time of filing the suit for specific performance under Section 21A?

A) A guarantee letter from a bank

B) 10% of the property value

C) The original property deed

D) The balance amount of consideration of the contract

41 / 100

A contract to sell property by one who knows himself not to have any title to it cannot be specifically enforced in favour of the:

A) Vendor or lessor

B) Purchaser

C) Government

D) Trustee

42 / 100

Under Sec 15(1), if the execution of a decree is stayed by an injunction, is the day the injunction was withdrawn excluded?

A) Yes

B) No

C) Counted as half day

D) Depends on the judge

43 / 100

The jurisdiction to decree specific performance under Section 22 is:

A) Discretionary

B) Determined by a jury

C) Arbitrary

D) Mandatory

44 / 100

Does Section 17 (effect of death) apply to suits for the possession of an hereditary office?

A) No

B) Only for religious offices

C) Only for government offices

D) Yes

45 / 100

To be liable under Section 121A of the Penal Code, a person must:

A) Actually wage war

B) Criticize the government

C) Refuse to pay taxes

D) Conspire to wage war against the Government of Bangladesh

46 / 100

Section 299 of the Penal Code defines:

A) Murder

B) Culpable homicide

C) Dowry death

D) Attempt to murder

47 / 100

Under Section 386(1)(a), how can a Court recover a fine from an offender?

A) By arresting his family

B) By taking a loan in his name

C) By issuing a warrant for the levy of the amount by attachment and sale of his movable property

D) By making him work in the court

48 / 100

Under Section 35, any person interested in a contract in writing may sue to have it:

A) Rescinded

B) Cancelled

C) Ratified

D) Registered

49 / 100

Does a moral wrong constitute an offence for the purposes of abetment liability?

A) Yes, if public order is disturbed

B) Yes, always

C) Yes, if it is a major moral wrong

D) No, there is no criminal liability for abetting a moral wrong

50 / 100

How many types of punishment have been prescribed under the Bangladesh Penal Code?

A) Three

B) Four

C) Five

D) Six

51 / 100

According to Section 389, every warrant for the execution of any sentence may be issued by:

A) Only the High Court

B) His successor in office

C) Either A or B

D) The Judge/Magistrate who passed the sentence

52 / 100

Order XXXIX, Rule 1(c) allows temporary injunctions if the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any:

A) Character

B) Bank account

C) Property in dispute in the suit

D) Family member

53 / 100

After the High Court Division makes an order of confirmation, who must send a copy of the order to the Court of Session (Section 379)?

A) The Public Prosecutor

B) The Chief Justice

C) The Attorney General

D) The proper officer of the High Court Division

54 / 100

A warrant for attachment and sale of movable property to recover a fine can be executed OUTSIDE the local limits of the issuing Court's jurisdiction if it is endorsed by:

A) The High Court

B) The District Magistrate or Chief Metropolitan Magistrate of the area where the property is found

C) The UP Chairman

D) The local police inspector

55 / 100

If property is attached before judgment, is it necessary to re-attach it after a decree is passed in favor of the plaintiff for the purpose of execution?

A) Yes, but only with court permission

B) No, it shall not be necessary to re-attach the property

C) Yes, a fresh attachment is mandatory

D) No, the property automatically belongs to the plaintiff

56 / 100

Necessity rule' or doctrine of necessity as to the admissibility of evidence is contained in:

A) section 60 of Evidence Act

B) section 61 of Evidence Act

C) section 32 of Evidence Act

D) section 31 of Evidence Act

57 / 100

Does Section 18 allow computing time against an innocent purchaser who claims through a fraudster?

A) Yes

B) Only if the property is moveable

C) No, not if they claim in good faith and for a valuable consideration

D) Always

58 / 100

A Commissioner appointed to examine accounts (Order XXVI, Rule 11) acts essentially as:

A) A judge

B) A police investigator

C) A witness for the plaintiff

D) An auditor assisting the Court

59 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it is accompanied by a refusal to pay, deliver, or perform?

A) Only for small debts

B) Only if the refusal is polite

C) No, it nullifies it

D) Yes

60 / 100

"Active concealment of fact" is associated with:

A) Undue influence

B) Mistake

C) Fraud

D) Misrepresentation

61 / 100

The right of private defence of property extends to causing death in the case of:

A) Criminal misappropriation

B) Criminal trespass

C) Robbery

D) Simple theft

62 / 100

Rescission of a contract in writing cannot be adjudged for mere mistake, unless:

A) The contract involves moveable property

B) The party can be restored to substantially the same position

C) The mistake was intentional

D) The party pays a fine

63 / 100

Opinion of an expert under section 45 of Evidence Act:

A) is supportive and corroborative in nature

B) either (a) or (c)

C) is a conclusive proof

D) is not a conclusive proof

64 / 100

Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible:

A) must relate to the cause of his own death

B) may relate to the cause of someone else's death

C) both (b) & (c) are correct

D) may relate to the cause of his own death or someone else's death

65 / 100

A Summary Suit (Order XXXVII) is generally NOT applicable for a claim based on:

A) A written contract for a liquidated sum

B) A claim for unliquidated damages for tort (e.g., defamation)

C) A promissory note

D) A bill of exchange

66 / 100

Under Order XXVI, a Commissioner's report is:

A) Kept sealed and never shown to parties

B) The final and binding judgment

C) Evidence in the suit and forms part of the record, but the Court or parties may examine the Commissioner personally

D) Irrelevant

67 / 100

Under section 45 of Evidence Act the opinion of expert can be on the question of:

A) only (a) & not (b)

B) Bangladeshn law

C) both (a) & (b)

D) Foreign law

68 / 100

The appointment of a Receiver (Order XL) is considered to be one of the:

A) Modes of executing a death sentence

B) Equitable remedies based on the principle of "just and convenient"

C) Harshest remedies in law

D) Fundamental rights

69 / 100

Communication made 'without prejudice' are protected:

A) under section 22 of Evidence Act

B) under section 24 of Evidence Act

C) under section 23 of Evidence Act

D) under section 21 of Evidence Act

70 / 100

Specific performance cannot be enforced in favour of a person who has already chosen his remedy and obtained:

A) Satisfaction for the alleged breach of contract

B) A declaratory decree

C) A temporary injunction

D) Specific performance

71 / 100

The Information Technology (Amendment) Act, 2008 amended Section 464 of the Penal Code to replace 'electronic signature' with:

A) Scanned image

B) Digital signature

C) Thumbprint

D) Passcode

72 / 100

Section 27 applies to:

A) discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused

B) all the above

C) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same

D) discovery of some fact which the police had previously learnt from other sources

73 / 100

Order XXXII, Rule 15 applies the provisions relating to minors to:

A) Foreigners

B) Bankrupts

C) Persons adjudged to be of unsound mind or mentally incapable of protecting their interests

D) Senior citizens above 70

74 / 100

A change of the nature of obligation of a contract is known as:

A) Repudiation

B) Alteration

C) Rescission

D) Novation

75 / 100

Alibi is governed by:

A) section 8 of Evidence Act

B) section 11 of Evidence Act

C) section 12 of Evidence Act

D) section 6 of Evidence Act

76 / 100

Order XXXIV, Rule 14 states that a mortgagee cannot bring the mortgaged property to sale for the recovery of a claim arising out of the mortgage EXCEPT by instituting a suit for:

A) Sale in enforcement of the mortgage

B) Defamation

C) Debt recovery

D) Breach of contract

77 / 100

Under Section 386(1)(b), the Court can issue a warrant authorizing the Collector of the District to realize the fine by civil process against:

A) Only immovable property

B) Only movable property

C) The movable or immovable property, or both

D) Bank accounts only

78 / 100

Which of the following is an exception to the requirement of mens rea?

A) Public nuisance

B) All of the above

C) Cases where ignorance of law is no excuse

D) Strict or absolute liability

79 / 100

To file an interpleader suit (Order XXXV), the plaintiff must satisfy the Court that there is no:

A) Dispute among the defendants

B) Collusion between the plaintiff and any of the defendants

C) Evidence available

D) Need for court intervention

80 / 100

Under Order XXXII, Rule 1, a minor is a person who has not attained the age of majority. In Bangladesh, under the Majority Act, the age of majority is generally:

A) 21 years in all cases

B) 15 years

C) 16 years

D) 18 years (or 21 years if a guardian of person/property has been appointed by the Court)

81 / 100

Under Section 17(1), if a person dies before a right to sue accrues, time is computed from when a capable rep exists. Does this apply if the defendant dies?

A) Yes, Section 17(2) provides the same rule

B) Only for debts

C) No, only the plaintiff

D) Only for contracts

82 / 100

Under Section 382, what MAY the High Court Division do regarding a pregnant woman sentenced to death?

A) Banish her from the country

B) Commute the sentence to transportation for life

C) Fine her

D) Give her a full pardon

83 / 100

An attachment before judgment (Order XXXVIII, Rule 5) shall be withdrawn if:

A) Both A and B

B) The plaintiff requests it

C) The suit is dismissed

D) The defendant furnishes the required security

84 / 100

An order granting a temporary injunction is appealable. Can a person file an appeal against an order REFUSING to grant a temporary injunction?

A) Yes, both granting and refusing are appealable under Order XLIII, Rule 1(r)

B) No, only granting is appealable

C) Yes, but only to the Supreme Court

D) No, it requires a revision

85 / 100

Crime is:

A) Essentially an immoral act

B) An illegal act

C) None of the above

D) Essentially a socially reprehensible act

86 / 100

To suspend imprisonment under Section 388 while giving time to pay a fine, the Court may require the offender to:

A) Surrender his passport

B) Stay inside the court building

C) Execute a bond, with or without sureties, conditioned for his appearance on the payment dates

D) Wear an ankle monitor

87 / 100

When can an instrument be rectified under Section 31?

A) When it is unregistered

B) Through fraud or a mutual mistake of the parties

C) When one party changes their mind

D) When the property value increases

88 / 100

Under Sec 14 Explanation III, what is deemed to be a cause of a like nature with defect of jurisdiction?

A) Non-payment of fees

B) Bankruptcy

C) Forgery

D) Misjoinder of parties or of causes of action

89 / 100

A confession made to a police officer is inadmissible under:

A) section 24 of Evidence Act

B) section 27 of Evidence Act

C) section 26 of Evidence Act

D) section 25 of Evidence Act

90 / 100

Section 149 of the Penal Code differs from Section 34 because:

A) Section 34 requires 5 people.

B) Section 149 creates a specific offence.

C) Section 149 requires only 2 people.

D) Section 149 is a rule of evidence.

91 / 100

If a sentence directs imprisonment in default of payment of fine, and the offender has undergone the WHOLE of that imprisonment, can a warrant still be issued to recover the fine?

A) No, unless for special reasons to be recorded in writing the Court considers it necessary

B) Only if the fine is above 1 lakh Taka

C) Yes, always

D) No, never

92 / 100

If an individual is acting under an "irresistible impulse" and commits a crime, are they protected under Penal Code insanity defences?

A) Yes, completely

B) Yes, if proven medically

C) No, irresistible impulse is not a defence

D) Only if they are a minor

93 / 100

Previous conviction of a person is relevant under:

A) explanation II to section 14 of Evidence Act

B) explanation I to section 14 of Evidence Act

C) explanation III to section 14 of Evidence Act

D) explanation IV to section 14 of Evidence Act

94 / 100

The dismissal of a suit for specific performance of a contract bars the plaintiff's right to sue for (Section 29):

A) An injunction

B) Rectification of the contract

C) Compensation for the breach of such contract

D) A declaration

95 / 100

"Cross-objections" (Order XLI, Rule 22) are essentially treated as:

A) A separate cross-appeal, and they can be heard even if the original appeal is withdrawn or dismissed for default

B) A defense pleading

C) A fresh suit

D) A review petition

96 / 100

Can a warrant for the recovery of a fine issued to the Collector be executed by the arrest or detention in prison of the offender?

A) Only if he hides his property

B) Yes

C) No (Proviso to Section 386(3))

D) Only for 30 days

97 / 100

In a Summary Suit, if the defendant's affidavit discloses facts sufficient to entitle them to defend (a triable issue), the Court must:

A) Dismiss the suit

B) Decree the suit immediately

C) Arrest the defendant

D) Grant leave to defend (unconditionally or upon terms like depositing money)

98 / 100

A has grown a tree on his land. The branches overhang on B's land. Under the law, B is entitled to:

A) Chop off the branches from his own land and take them

B) Forcibly enter A's land and chop off the branches

C) Enter A's land without permission and cut the tree

D) Chop off the overhanging branches while remaining on his own land

99 / 100

Section 19 Explanation I: Must an acknowledgment be addressed directly to the person entitled to the right?

A) It must be published publicly

B) Yes, strictly

C) It must be addressed to the court

D) No, it may be addressed to a person other than the person entitled

100 / 100

Under Sec 14 Explanation I, is the day the former suit was instituted counted in the excluded time?

A) Yes

B) Only for civil suits

C) No

D) Only for commercial suits

The average score is 0%

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Bar Council Full Model Test 54 English | 100 Marks 60 Min