Bar Council Full Model Test 55 English

Bar Council Full Model Test 55 (English)

Bangladesh Bar Council Preliminary Full Model Test 55

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

Preventive relief is granted at the discretion of the Court by:

A) Appointing receivers

B) Canceling instruments

C) Awarding damages

D) Injunction, temporary or perpetual

2 / 100

Is an idol in a temple considered a 'person' under the Penal Code?

A) No, only the priest is a person

B) Yes, a natural person

C) Yes, a legal person

D) No, no personality can be conferred on God under penal law

3 / 100

An order rejecting an application for review is:

A) Void

B) Not appealable

C) Subject to second review

D) Appealable

4 / 100

Order XX, Rule 11 allows the Court to order the payment of a money decree in installments. Can this be ordered WITHOUT the consent of the decree-holder AFTER the passing of the decree?

A) Yes, if the debtor is poor

B) Only in criminal cases

C) No, after the decree is passed, an order for payment by installments can only be made with the consent of the decree-holder

D) Yes, at any time

5 / 100

Can a person be arrested and put in civil prison for failing to pay a fine under a Collector's warrant (Section 386)?

A) Only for 6 months

B) Yes

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

D) Only if he hides his assets

6 / 100

Under which of the following situations would Bangladesh courts have jurisdiction?

A) Crime committed by a foreigner in Bangladesh

B) Crime committed by a Bangladeshi in a foreign country

C) Crime committed by any person on a Bangladesh registered ship

D) All of the above

7 / 100

What happens if a two-judge bench of the High Court Division is equally divided on confirming a death sentence?

A) The death sentence is confirmed

B) The President decides

C) The case is laid before another Judge, whose opinion prevails

D) The accused is acquitted

8 / 100

The postponement of a capital sentence on a pregnant woman is a:

A) Mandatory order by the High Court Division under Section 382

B) Rare occurrence with no specific law

C) Decision made by a medical board

D) Discretionary power of the Jailer

9 / 100

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of:

A) ambiguitas latens

B) both (a) & (b)

C) only (b) & not (a)

D) ambiguitas patens

10 / 100

A Bangladesh citizen commits murder in America and escapes to Bangladesh. He:

A) Cannot be prosecuted in Bangladesh

B) Can only be prosecuted in America

C) Can be prosecuted in Bangladesh wherever found

D) Can neither be prosecuted in America nor Bangladesh

11 / 100

What is a key difference between Section 34 and Section 149?

A) Section 149 is a rule of evidence, Section 34 creates a specific offence

B) Section 34 does not need to be joined with a principal offence

C) Section 34 requires at least five persons, Section 149 requires two

D) Section 34 requires active participation, Section 149 requires mere membership of an unlawful assembly

12 / 100

Oral evidence under section 60 of Evidence Act may be:

A) direct only

B) both (a) & (b)

C) hearsay

D) either (a) or (b)

13 / 100

Under Section 20(2), what constitutes "payment" for mortgaged land in possession of the mortgagee?

A) Sending a notice

B) Paying the local taxes

C) Receipt of the rent or produce of such land

D) Filing a tax return

14 / 100

A Court shall not make a declaration of status or right if the plaintiff:

A) Is poor

B) Has a criminal record

C) Omits to seek further relief that they are able to seek

D) Is a foreigner

15 / 100

The circumstances under which the secondary evidence is admissible have been enumerated in:

A) section 64 of Evidence Act

B) section 63 of Evidence Act

C) section 65 of Evidence Act

D) section 66 of Evidence Act

16 / 100

The term 'offence' means:

A) A thing made punishable by the Penal Code

B) Both (a) and (b)

C) None of the above

D) A thing made punishable by any special or local law

17 / 100

To establish liability under Section 34 of the Penal Code:

A) Only common intention must be proved

B) Only the overt act must be proved

C) Both common intention and an overt act must be proved

D) None of the above

18 / 100

The Civil Procedure Code (CPC (English)) is primarily a body of:

A) Procedural (Adjective) law

B) Constitutional law

C) Substantive law

D) Criminal law

19 / 100

Under Section 381, who issues the actual warrant to carry a confirmed death sentence into effect?

A) The High Court Division

B) The Court of Session

C) The Inspector General of Prisons

D) The District Magistrate

20 / 100

When a criminal act is done by several persons in furtherance of the common intention of all:

A) Each person is liable only for their specific act

B) Each person is liable according to their degree of guilt

C) Each person is liable for that act in the same manner as if it were done by him alone

D) None of the above

21 / 100

Section 360 requires evidence to be read over to the witness. What is the primary purpose of this?

A) To delay the trial

B) To test the witness's memory

C) To ensure the record is accurate and give the witness a chance to correct it

D) To intimidate the witness

22 / 100

If a Magistrate sentences a person to 1 year imprisonment, he must specify the section of the Penal Code under which the person is convicted. True or False?

A) True (Section 367(2))

B) Only if it's a Sessions Court

C) Only if the sentence is over 3 years

D) False

23 / 100

Section 19 Explanation III: An application for the execution of a decree or order is considered an application in respect of a:

A) Right

B) Liability

C) Contract

D) Privilege

24 / 100

Contents of a document may be proved under section 61 of Evidence Act:

A) by primary evidence

B) either by primary or by secondary evidence

C) only by primary evidence & not by secondary evidence

D) by secondary evidence

25 / 100

Section 34 of the Penal Code:

A) Both (a) and (b)

B) Creates a substantive offence

C) Is a rule of evidence

D) Neither (a) nor (b)

26 / 100

Temporary injunctions are regulated by:

A) The Specific Relief Act

B) The Penal Code

C) The Contract Act

D) The Code of Civil Procedure

27 / 100

Admissibility of electronic record has been prescribed under:

A) section 65 of Evidence Act

B) section 65B of Evidence Act

C) section 66 of Evidence Act

D) section 65A of Evidence Act

28 / 100

Section 374 specifically limits the power of which Court to execute a death sentence without confirmation?

A) The Chief Metropolitan Magistrate

B) The Supreme Court

C) The Court of Session

D) The High Court Division

29 / 100

Under Section 151, the Court exercises its inherent powers. Can these powers be used if there is already a specific provision in the CPC (English) dealing with the matter?

A) Yes, always

B) Only in family disputes

C) No, inherent powers cannot override specific statutory provisions

D) Yes, if the judge feels like it

30 / 100

In a Sessions Court trial, the evidence is taken down in writing in the language of the Court. If it's taken down in English and the accused doesn't know English, what is mandatory?

A) An interpreter must read it aloud once

B) An authenticated translation in the language of the Court must form part of the record

C) The accused must learn English

D) The trial is invalid

31 / 100

To constitute the offence of criminal conspiracy, what is the necessary condition to be proved?

A) An agreement of two or more persons to do an illegal act (or a legal act by illegal means)

B) Committing a crime on sudden provocation

C) Doing an illegal act with the help of others

D) A prior meeting of two or more persons

32 / 100

Under Section 364, the examination of an accused (e.g., under Sec 342) must be recorded in full, including:

A) Only the confession

B) Only the answers

C) A summary written by the police

D) Every question put to him and every answer given by him

33 / 100

Section 105 of Evidence Act applies to:

A) criminal trials

B) civil trials

C) neither (a) nor (b)

D) both (a) & (b)

34 / 100

How many Judges of the High Court Division must sign a confirmation of a death sentence if the bench consists of two or more Judges?

A) One

B) A majority

C) Three

D) At least two

35 / 100

Documents which are not covered under section 74 of Evidence Act are called:

A) quasi-public documents

B) private documents

C) public documents

D) all the above

36 / 100

To file an appeal as an indigent person (Order XLIV), the applicant must generally submit an application accompanied by:

A) A police clearance

B) A witness

C) A passport

D) A memorandum of appeal

37 / 100

Section 21(3)(a): An acknowledgment by a Hindu widow binds whom?

A) Her children only

B) The Government

C) A reversioner succeeding to such liability

D) No one

38 / 100

Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of:

A) all the above

B) adding to its terms

C) contradicting its terms

D) varying its terms

39 / 100

Declaratory Decrees are discussed in which Chapter?

A) Chapter VI

B) Chapter VII

C) Chapter IV

D) Chapter V

40 / 100

Mandatory injunctions under Section 55 are granted to:

A) Prevent all forms of communication

B) Increase property value

C) Arrest a defendant

D) Compel the performance of certain requisite acts to prevent a breach

41 / 100

A perpetual injunction can only be granted by:

A) The decree made at the hearing and upon the merits of the suit

B) An arbitration panel

C) An interim order

D) A police officer

42 / 100

Section 19 Explanation I: Is an acknowledgment sufficient if it claims a set-off?

A) Yes

B) Only if the set-off is smaller

C) Only if the set-off is larger

D) No

43 / 100

A declaration made under Chapter VI is binding on:

A) The government

B) Only the defendant

C) The whole world

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

44 / 100

The "Burden of Proof" regarding the issues framed under Order XIV generally lies on the party who:

A) Denies the fact

B) Is the defendant

C) Asserts the affirmative of the issue

D) Is the poorest

45 / 100

Under Section 386, recovering a fine by attaching and selling immovable property requires a warrant sent to the:

A) Land Registry Office

B) Collector of the District (DC)

C) Police Inspector

D) Union Parishad Chairman

46 / 100

Order VIII, Rule 3 requires denials in a written statement to be specific. A general denial of the grounds alleged in the plaint is:

A) A ground for immediate victory

B) Allowed for the Government

C) Sufficient

D) Not sufficient

47 / 100

Who has the power to amend the Rules under the Bar Council Order?

A) Bar Council, with Govt approval

B) Government

C) Supreme Court

D) Bar Council

48 / 100

The rule that "a Court cannot alter or review its signed judgment except to correct a clerical error" ensures:

A) That judges can be lazy

B) That appeals are never filed

C) That the police have the final say

D) Finality of judgments at the trial court level

49 / 100

Common intention under Section 34 implies:

A) Pre-arranged planning (meeting of minds)

B) Similar intention

C) Presence of common knowledge

D) None of the above

50 / 100

An appeal under Order XLIII (Appeal from Orders) does NOT lie against an order:

A) Returning a plaint (O.7 R.10)

B) Dismissing a suit for default under Order IX, Rule 8

C) Rejecting an application to set aside an ex-parte decree (O.9 R.13)

D) Granting an injunction (O.39 R.1)

51 / 100

Facts which need not be proved by the parties include:

A) facts which have been admitted by the parties at or before the hearing

B) neither (a) nor (b)

C) both (a) & (b)

D) facts of which judicial notice has to be taken

52 / 100

Which statement regarding Section 34 and Section 149 of the Penal Code is correct?

A) Both are distinct offences in themselves

B) Section 34 enunciates a principle of liability while Section 149 creates a specific offence

C) Common intention and common object are the same

D) They are mutually helping sections

53 / 100

If a document which ought to be produced in Court by the plaintiff when the plaint is presented is not produced, it shall not be received in evidence later without the leave of the Court (Order VII, Rule 18). However, this rule does not apply to documents:

A) None of the above

B) Produced for the cross-examination of the defendant's witnesses

C) Both A and B

D) Handed over to a witness merely to refresh his memory

54 / 100

Section 79 to 85 of Evidence Act contains:

A) a rebuttable presumption of law

B) a presumption of fact

C) no presumption either of fact or law

D) an irrefutable presumption of law

55 / 100

Period of thirty years under section 90 of Evidence Act is to be reckoned from:

A) the date on which the document is filed in the court

B) all the above

C) the date on which the document is relied upon

D) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

56 / 100

Under Section 144 (Restitution), the Court may make orders for the refund of costs, payment of interest, damages, and mesne profits. The primary goal is to:

A) Delay the execution

B) Enrich the government

C) Punish the losing party

D) Place the parties in the position they would have occupied but for the reversed decree

57 / 100

What can the Govt do if a Bar Council decision contradicts government policy?

A) Nothing

B) Dismiss Chairman

C) Order suspension or cancellation

D) Dissolve Bar Council

58 / 100

If an accused applies for a copy of a judgment in a Sessions case, he gets it:

A) For a fee of 1000 Taka

B) Only after his sentence is over

C) Only if he appeals

D) Free of cost

59 / 100

When the Collector executes a warrant for a fine against immovable property, he acts as a decree-holder under the:

A) Penal Code

B) Criminal Procedure Code alone

C) Code of Civil Procedure, 1908

D) Evidence Act

60 / 100

Section 20 requires the acknowledgment of payment to be in handwriting or signed. What is the exception to this rule?

A) Payment of principal before 1950

B) Payment of interest made before the 1st day of January, 1928

C) Payments made by the government

D) Payments under 100 Taka

61 / 100

Section 21(2): If one of several joint mortgagees signs a written acknowledgment, does it charge the other mortgagees?

A) Yes, if they hold equal shares

B) No, not by reason only of that signature

C) Only if they are a married couple

D) Yes, jointly and severally

62 / 100

Under Section 21(1), can an agent duly authorized by a manager sign an acknowledgment for a disabled person?

A) Only a lawyer can do it

B) No, only the manager himself

C) Only a relative can do it

D) Yes

63 / 100

A Magistrate of the 1st class conducting a trial under Chapter XX (Trial by Magistrates) must record the evidence by making a memorandum. Which section governs this?

A) Section 355

B) Section 364

C) Section 354

D) Section 356

64 / 100

Under Order VII, Rule 11(a), a plaint is rejected if it does not disclose a cause of action. The Court looks at what document to decide this?

A) The evidence of the witnesses

B) The written statement

C) The police report

D) Only the plaint and the documents annexed to it

65 / 100

According to Section 56, an injunction cannot be granted to stay proceedings in a Court:

A) That is subordinate to the Court granting the injunction

B) When the plaintiff requests it

C) Not subordinate to that from which the injunction is sought

D) In any civil matter

66 / 100

A Korean national commits murder of an English lady on a Bangladesh Airlines plane during a flight.

A) He can be tried either in Korea or England

B) He cannot be prosecuted in Bangladesh

C) He can only be prosecuted in Korea

D) He can be prosecuted in Bangladesh wherever found

67 / 100

According to the Explanation in Section 20, "Debt" includes money payable under a:

A) Moral obligation

B) Void contract

C) Decree or order of Court

D) Verbal agreement only

68 / 100

Which of the following persons is NOT exempted from the jurisdiction of criminal courts in Bangladesh?

A) Foreign army on Bangladesh soil with government consent

B) Alien enemies committing acts of war

C) Alien enemy committing a crime unconnected with war (e.g., theft)

D) Foreign Sovereigns

69 / 100

Under Order XLVI (Reference), a reference can only be made by a Court if there is:

A) A dispute between two judges

B) A directive from the Prime Minister

C) A hypothetical legal question

D) A pending suit, appeal, or execution proceeding

70 / 100

A judgment in a criminal trial MUST contain:

A) All of the above

B) The reasons for the decision

C) The decision thereon

D) The points for determination

71 / 100

If a person serves 1 month in jail because he defaulted on a 5000 Taka fine, and the sentence specified 1 month in default, can the court still issue a warrant to recover the 5000 Taka?

A) Yes, but only for half the amount

B) Never, serving the default time clears the debt completely

C) No, unless for special reasons recorded in writing it considers it necessary

D) Yes, automatically

72 / 100

When a suit is compromised under Order XXIII, Rule 3, the Court passes a consent decree. Can a separate suit be filed to set aside this consent decree on the ground that the compromise was not lawful?

A) Yes, if fraud is proven in the new suit

B) Yes, anytime

C) No, no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful

D) Only in a foreign court

73 / 100

Where is an advocate's name published if found guilty of professional misconduct?

A) Supreme Court website

B) Bangladesh Gazette

C) Notice board

D) Daily newspaper

74 / 100

If a Bangladesh citizen commits an offence out of Bangladesh, he:

A) None of the above

B) Cannot be prosecuted in Bangladesh

C) Can only be prosecuted where the offence was committed

D) Can be prosecuted in Bangladesh in any place in which he may be found

75 / 100

Burden of proof under section 101 of Evidence Act:

A) goes on shifting as the trial proceeds

B) may shift

C) never shifts

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

76 / 100

Which situation reflects the correct ingredient of common intention under Section 34?

A) A procured the weapon voluntarily to aid the criminal gang

B) A was compelled under threat to life to procure the weapon

C) The weapon was found in A's house

D) The weapon was supplied on sale without knowledge of the crime

77 / 100

Which of the following persons is NOT exempted from the jurisdiction of criminal courts in Bangladesh?

A) The Prime Minister of Bangladesh

B) The President of Bangladesh

C) Foreign Diplomats

D) Foreign Ambassadors

78 / 100

Order XLI, Rule 33 allows the Appellate Court to pass any decree which ought to have been passed. This power is usually exercised to:

A) Punish the lower court judge

B) Increase the court fees

C) Do complete justice between the parties

D) Delay the proceedings

79 / 100

The concept of "Res Judicata" (Section 11) is applicable to:

A) Only regular suits

B) Criminal proceedings

C) Only writ petitions

D) Execution proceedings as well

80 / 100

The relationship in section 50 of Evidence Act means:

A) relationship by blood or marriage

B) only (a) and not (b) & (c)

C) relationship by blood or marriage or adoption

D) relationship by blood only

81 / 100

The appointment of a receiver pending a suit (Section 44) is:

A) Mandatory in all cases

B) A matter resting in the discretion of the Court

C) Decided by the plaintiff

D) Decided by the defendant

82 / 100

If an instrument has been registered and is later ordered to be cancelled, the Court shall send a copy of its decree to:

A) The officer in whose office the instrument has been so registered

B) The Supreme Court

C) The Ministry of Law

D) The local police station

83 / 100

Section 388 allows for the suspension of imprisonment if an offender is sentenced to:

A) Fine only, and imprisonment in default

B) Life imprisonment

C) Death

D) Imprisonment and fine

84 / 100

How many years of practice are required to be a candidate in Bar Council elections?

A) 5 years

B) 10 years

C) 7 years

D) 12 years

85 / 100

A death sentence from a Court of Session is submitted to the High Court Division. The High Court decides to take additional evidence. Can it direct the Court of Session to take this evidence?

A) No, it must take it itself

B) No, it must ask the police

C) Yes (Section 375)

D) Only if the accused agrees

86 / 100

A 'man' is defined by Section 10 of the Penal Code as a male human being of:

A) Any age

B) Above 16 years of age

C) None of the above

D) Above 18 years of age

87 / 100

Under Section 20, payment of interest on a legacy must be made:

A) Exactly on the due date

B) At the time of filing the suit

C) Before the expiration of the prescribed period

D) After the limitation period ends

88 / 100

How many members usually comprise the viva-voce board?

A) 3

B) 4

C) 5

D) 2

89 / 100

Under Order XLI, Rule 27, if the Appellate Court allows additional evidence to be produced, it must:

A) Dismiss the appeal

B) Send the case to a foreign court

C) Arrest the party producing it

D) Record its reasons for admission

90 / 100

If a defendant wants to claim that the court has no jurisdiction, they must take this plea:

A) In a newspaper advertisement

B) In their written statement or at the earliest opportunity

C) During the appeal

D) Only during final arguments

91 / 100

X and Y independently entertain the idea to kill Z. They separately inflict wounds on Z, who dies. Are X and Y liable for murder under Section 34?

A) Yes, because their acts resulted in Z's death

B) No, because there was no common intention or pre-arranged plan

C) Yes, because it was a joint act

D) Yes, because they both wanted to kill Z

92 / 100

Facts of which the judicial notice is to be taken are stated in:

A) section 56 of Evidence Act

B) section 58 of Evidence Act

C) section 57 of Evidence Act

D) section 55 of Evidence Act

93 / 100

Under Order XXI, Rule 105, the executing court can hear an application ex-parte or dismiss it for default. To restore it, an application must be filed within:

A) 15 days

B) 30 days

C) 60 days

D) 90 days

94 / 100

Which one of the following is NOT a 'public servant' under the Penal Code?

A) Secretary of a Co-operative society

B) A civil Judge

C) Member of a panchayat/jury assisting a Court

D) Liquidator

95 / 100

A document required by law to be attested can be proved under section 68 of Evidence Act only:

A) by calling both the attesting witnesses

B) by calling at least one of the attesting witnesses

C) by calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

D) all of the above are correct

96 / 100

Which of the following brings out the distinction between Section 34 and Section 149 of the Penal Code?

A) Section 149 creates a specific offence whereas Section 34 does not

B) Both create specific offences

C) Neither creates specific offences

D) Section 34 creates a specific offence whereas Section 149 does not

97 / 100

A "Receiver" (Order XL) is entitled to remuneration. Who fixes this remuneration?

A) The Court

B) The defendant

C) The Government

D) The plaintiff

98 / 100

Section 22(2): Does the rule of new limitation starting upon substitution apply when a plaintiff is made a defendant?

A) No, Section 22(1) does not apply to this case

B) Yes

C) Only in property disputes

D) Only in tort claims

99 / 100

Can a Court review its own judgment (Order XLVII) merely because the judge thinks he took an erroneous view of the law on a debatable point?

A) No, a mere erroneous decision is a ground for appeal, not review

B) Yes, if the plaintiff asks nicely

C) Yes, always

D) No, unless the Supreme Court orders it

100 / 100

Can a pregnant woman's death sentence be commuted?

A) Yes, to 10 years imprisonment

B) Yes, the High Court Division may commute it to transportation for life

C) No, only postponed

D) Only by the President

The average score is 0%

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Bar Council Full Model Test 55 English | 100 Marks 60 Min