Bar Council Full Model Test 06 English

Bar Council Full Model Test 06 (English)

Bangladesh Bar Council Preliminary Full Model Test 06

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

The maxim 'ignorantia juris non excusat' means:

A) Mistake of judicial act is no defence

B) Mistake of fact is no defence

C) Mistake of law is no defence

D) Mistake of court is no defence

2 / 100

A disputed handwriting can be proved

A) all the above

B) by calling an expert

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

3 / 100

Which of the following is NOT an essential condition of criminal liability?

A) Knowledge that the act is prohibited by law

B) Free will

C) Knowledge of facts upon which the good and evil of an act may depend

D) Intelligence to distinguish between good and evil

4 / 100

If A bequeaths land to B for his life, with remainder to C, and A dies. B enters on the land, but C obtains possession of the title-deeds without B's consent. Can B recover them from C under Section 10?

A) Only if B pays C

B) Only by government order

C) No, C is the ultimate owner

D) Yes, B may recover them

5 / 100

What is the maximum punishment for an unenrolled person practicing law?

A) 3 months imprisonment

B) Only fine

C) 6 months imprisonment

D) 1 year imprisonment

6 / 100

Which of the following is NOT an ingredient of the defence of accident under Section 80 of the Penal Code?

A) The act must be an accident or misfortune done with proper care and caution

B) The accident must be the outcome of a lawful act, done in a lawful manner, by lawful means

C) The act must not be done with any criminal intention or knowledge

D) The act may be done with the knowledge of the consequences but without criminal intention

7 / 100

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, without any criminal intention and in good faith:

A) To avoid harm to another person (Not applicable)

B) To prevent harm to another's property

C) To avoid harm to another person

D) To prevent or avoid other harm to person or property

8 / 100

A "judicial proceeding" includes any proceeding in the course of which evidence is or may be legally taken on:

A) Camera

B) Tape recorder

C) Paper only

D) Oath

9 / 100

When does the term of the elected members of the Bar Council begin?

A) Day of gazette publication

B) Day of election

C) July 1st following the election

D) January 1st

10 / 100

Any reference to a Sub-divisional Magistrate for administrative functions (like granting a licence) shall be construed as a reference to the:

A) District Magistrate

B) Executive Magistrate

C) Session Judge

D) Chief Judicial Magistrate

11 / 100

Does Section 17 apply to suits for the possession of immoveable property?

A) Only if the deceased left a will

B) No

C) Only in urban areas

D) Yes

12 / 100

"Upazila" is defined according to which Act?

A) Local Government Act, 2009

B) Village Courts Act, 2006

C) Upazila Parisad Act, 1998

D) District Act, 1898

13 / 100

Which of the following statements about 'mistake' is incorrect?

A) That the sense impressions of facts are erroneous

B) That facts exist

C) The sense impressions of facts are different from the actual facts

D) That erroneous sense impressions are for a time accepted as true

14 / 100

The principle that "when an act in itself is wrongful, the defence of mistake of fact cannot be availed" was established in which English case?

A) None of the above

B) R v. Prince

C) R v. Tolson

D) Baily's case

15 / 100

Who appoints the "Clerk of the State"?

A) The President

B) The Government

C) The Attorney-General

D) The Chief Justice

16 / 100

A dying declaration to be admissible

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

B) must be made before the police officer

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

D) must be made before a Magistrate

17 / 100

Nothing is an offence which is done by:

A) None of the above

B) Accident

C) Both (a) and (b)

D) Misfortune

18 / 100

The "Inherent powers of Court" are saved under which famous section of the CPC (English)?

A) Section 148

B) Section 152

C) Section 151

D) Section 144

19 / 100

Section 150 deals with:

A) Transfer of business from one Court to another

B) Transfer of shares

C) Transfer of the Judge

D) Transfer of property

20 / 100

Nothing is an offence which is done without any criminal intention and knowledge in the doing of:

A) Any act in a lawful manner by lawful means

B) A lawful act in a lawful manner by lawful means

C) An unlawful act in a lawful manner by lawful means

D) A lawful act in a lawful manner by lawful means and with proper care and caution

21 / 100

Who may direct a Judge to record evidence in the English language (Section 138)?

A) The Government

B) The High Court Division

C) The District Judge

D) The Attorney General

22 / 100

A is working with a hatchet. The head flies off and kills a person.

A) None of the above

B) A's act is an offence and excusable

C) A's act is an offence if there was want of proper caution on his part

D) A's act is an offence and not excusable

23 / 100

A dying declaration

A) only (b) & (c) are correct

B) can form the sole basis of conviction without any corroboration by independent evidence

C) cannot form the sole basis of conviction unless corroborated by independent witness

D) can form the basis of conviction only on corroboration by independent witness

24 / 100

For Section 14 to apply, the previous proceeding must have been prosecuted with:

A) Extreme wealth

B) Due diligence and in good faith

C) Legal counsel

D) Written permission

25 / 100

Which clause of Section 5 refers to appointing a receiver?

A) Clause (a)

B) Clause (d)

C) Clause (e)

D) Clause (c)

26 / 100

Which of the following is correct regarding Mens Rea?

A) Mens Rea is an essential ingredient of a criminal offence

B) None of the above

C) Both (a) and (b)

D) A statute can exclude that element

27 / 100

The res inter alia acta is receivable

A) under section 47 of Evidence Act

B) under section 46 of Evidence Act

C) under section 48 of Evidence Act

D) under section 45 of Evidence Act

28 / 100

A "Public Prosecutor" is appointed under which section of this Code?

A) Section 492

B) Section 54

C) Section 10

D) Section 15

29 / 100

Section 148 gives the Court discretion to enlarge time for doing any act prescribed by the Code. Does this apply even if the originally fixed period has expired?

A) Only in appeal cases

B) Yes, the Court may enlarge the period even if it has expired

C) No, it must be requested before expiry

D) Only if the opposite party consents

30 / 100

In an Admiralty cause of salvage or collision, how many competent assessors can the Court summon for assistance (Section 140)?

A) Three

B) Two

C) Five

D) One

31 / 100

Which section explicitly states that "Nothing in this Code shall affect any present right of appeal which shall have accrued to any party at its commencement"?

A) Section 154

B) Section 153

C) Section 151

D) Section 150

32 / 100

Any reference to an Assistant Sessions Judge shall be construed as a reference to a:

A) Joint Sessions Judge

B) Sub-Judge

C) District Judge

D) Additional Sessions Judge

33 / 100

According to Section 11 clause (d), specific delivery is ordered when the possession of the thing claimed has been:

A) Destroyed completely

B) Wrongfully transferred from the claimant

C) Willingly sold by the claimant

D) Abandoned by the claimant

34 / 100

Under Section 147, consent or agreement by a person under disability (e.g., minor) is valid if given by the next friend/guardian:

A) It is never valid

B) With the express leave of the Court

C) Notarized by a lawyer

D) With the parents' oral permission

35 / 100

Under section 32(4) of Evidence Act, the declaration

A) as to public rights & customs are admissible

B) as to private rights & customs are admissible

C) as to both public and private rights and customs are admissible

D) only as to customs are admissible

36 / 100

The accused was convicted of bigamy after marrying within 7 years of being deserted by her husband, believing in good faith that he was dead. In this case:

A) She cannot be convicted as she was ignorant of the 7-year rule

B) She cannot be convicted as she had been deserted

C) She cannot be convicted as she acted under a mistake of fact

D) She can be convicted

37 / 100

Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement

A) is a person who can be found but his attendance cannot be procured without unreasonable delay or expenses

B) is a person who cannot be found

C) all the above

D) is dead or has become incapable of giving evidence

38 / 100

Section 141 states that the procedure provided in this Code in regard to suits shall be followed in:

A) Revenue collection

B) Criminal proceedings

C) All proceedings in any Court of civil jurisdiction

D) Police investigations

39 / 100

According to Section 3(2), words referring to acts done also extend to:

A) Administrative orders

B) Illegal omissions

C) Verbal threats

D) Future actions

40 / 100

Who has the authority to declare any post or place to be a "police-station"?

A) The Government

B) Superintendent of Police

C) Inspector General of Police

D) District Magistrate

41 / 100

Under section 45 of Evidence Act, the opinion of expert can be for

A) both (a) & (b)

B) neither (a) nor (b)

C) identity of hand writing

D) identity of finger impression

42 / 100

Which of the following is NOT an ingredient of Section 79 of the Penal Code?

A) One must be legally bound to do that act and not only legally justified to do it

B) Belief must be a bona fide belief in good faith

C) Such a belief must be by reason of a mistake of fact and not by mistake of law

D) Act must have been done by a person who is justified by law or believes himself to be justified by law in doing it

43 / 100

Opinion of an expert under section 45 of Evidence Act

A) is not a conclusive proof

B) is a conclusive proof

C) either (a) or (c)

D) is supportive & corroborative in nature

44 / 100

In which of the following cases can the defence of accident be successfully claimed?

A) A jokingly pointed a gun at B and pulled the trigger without knowing if it was loaded, killing B.

B) A was driving horses without reins and ran over B.

C) A fired at a boar during a shooting party, missed, and accidentally hit another member of the party.

D) A kicked B during an altercation, causing injury resulting in death.

45 / 100

A receives a letter addressed to him by B. B gets back the letter without A's consent. Does A have property therein to entitle him to recover it from B?

A) Yes

B) Only if it's a legal notice

C) No

D) Only if the letter has monetary value

46 / 100

Mens Rea is an essential element in every offence EXCEPT in:

A) Cases criminal in form but summary modes of enforcing civil rights

B) All of these

C) Cases of public nuisance

D) Cases not criminal in any real sense

47 / 100

Any offence NOT shown as bailable in the second schedule or made bailable by any other law is a:

A) Non-bailable offence

B) Compoundable offence

C) Summary offence

D) Non-cognizable offence

48 / 100

Declaration as to custom are admissible

A) under section 32(4) of Evidence Act

B) under section 32(7) of Evidence Act

C) under section 32(1) of Evidence Act

D) under section 32(2) of Evidence Act

49 / 100

Section 4(1)(o) states that "offence" includes complaints made under section 20 of which Act?

A) The Evidence Act, 1872

B) The Police Act, 1861

C) The Penal Code, 1860

D) The Cattle-trespass Act, 1871

50 / 100

Within how many days must an appeal be filed in the High Court Division against a Tribunal order?

A) 90 days

B) 60 days

C) 30 days

D) 120 days

51 / 100

A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A sues B for possession without paying the loan. What will happen to the suit according to illustrations of Section 10?

A) The suit will be decreed

B) B is arrested

C) The suit should be dismissed

D) A gets compensation

52 / 100

Does the term "Chief Metropolitan Magistrate" include "Additional Chief Metropolitan Magistrate" for the purpose of classifying Courts?

A) Yes

B) Only in Dhaka

C) Only during trials

D) No

53 / 100

Specific relief given by determining and declaring the rights of parties otherwise than by an award of compensation is mentioned in which clause of Section 5?

A) Clause (b)

B) Clause (e)

C) Clause (d)

D) Clause (c)

54 / 100

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

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

B) must relate to the cause of his own death

C) may relate to the cause of someone else’s death

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

55 / 100

If an entire court-fee has not been paid on a document, under Section 149, the Court may allow the person to pay the deficiency. Once paid, the document will have the same force as if:

A) The date is shifted forward

B) It was a new document

C) A penalty is applied

D) The fee had been paid in the first instance

56 / 100

The accused took an unmarried girl below 16 years of age without her father's consent, believing in good faith that she was older than 16:

A) The accused can take the defence of mistake of fact

B) As the taking itself is unlawful, the accused cannot avail the defence of mistake of fact

C) The accused cannot take this defence as it is not a mistake of fact

D) None of the above

57 / 100

The person whose statement is admitted under section 32 of Evidence Act

A) must be competent to testify

B) need not be competent to testify

C) may or may not be competent to testify

D) only (a) is correct and (b) & (c) are incorrect

58 / 100

Does the Specific Relief Act affect the operation of the Registration Act, 1908 on documents?

A) Yes, it overrides it

B) No, it does not affect its operation

C) Yes, but only for moveable property

D) Yes, but only for immoveable property

59 / 100

In former Acts, the expression "Subordinate Magistrate, first class" shall be deemed to mean:

A) Magistrate of the first class

B) Executive Magistrate

C) District Magistrate

D) Sub-divisional Magistrate

60 / 100

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

A) both (a) & (b)

B) Foreign law

C) only (a) & not (b)

D) Bangladeshi law

61 / 100

A and B, swimming after a shipwreck, grab a plank not large enough for both. A pushes B off, and B drowns.

A) Cannot say

B) A has a good defence under Section 81

C) None of the above

D) A cannot take the defence under Section 81

62 / 100

According to Section 14 (Explanation III), misjoinder of parties is deemed to be:

A) A cause of a like nature with defect of jurisdiction

B) A fraudulent act

C) A fatal error

D) Non-excusable

63 / 100

How can a "complaint" be made to a Magistrate?

A) Only in writing

B) Only orally

C) Either orally or in writing

D) Through a police officer only

64 / 100

Under Section 11 clause (c), a person may be compelled to specifically deliver a moveable property when:

A) The owner doesn't want it back

B) The property is inexpensive

C) It would be extremely difficult to ascertain actual damage

D) The property can be easily replaced

65 / 100

Does an "inquiry" include a trial conducted under this Code?

A) Only in civil cases

B) Yes, inquiry and trial are the same

C) No, it includes every inquiry OTHER than a trial

D) Only in Metropolitan Sessions

66 / 100

Clerical or arithmetical mistakes in judgments, decrees, or orders can be corrected at any time by the Court under:

A) Section 153

B) Section 152

C) Section 154

D) Section 151

67 / 100

Under Section 16, for a suit for possession by a purchaser at an execution sale, what time is excluded?

A) 60 days

B) Time the court was closed

C) Time during which a proceeding to set aside the sale has been prosecuted

D) The time the buyer took to arrange funds

68 / 100

According to Section 142, all orders and notices served under the provisions of the CPC (English) shall be:

A) Oral

B) Acknowledged by affidavit

C) Published in newspaper

D) In writing

69 / 100

Under Section 153, the Court may at any time amend any defect or error in any proceeding in a suit for the purpose of:

A) Delaying the trial

B) Changing the judge

C) Determining the real question or issue raised

D) Assisting the plaintiff only

70 / 100

Does Section 17 (effect of death) apply to suits to enforce rights of pre-emption?

A) No

B) Only if the legal representative is a minor

C) Yes

D) Only for commercial properties

71 / 100

What is the primary purpose of an "investigation"?

A) To deliver a verdict

B) To grant bail

C) To frame a charge

D) The collection of evidence

72 / 100

According to Section 14 (Explanation II), a plaintiff resisting an appeal is deemed to be:

A) Wasting time

B) Prosecuting a proceeding

C) Waiving his rights

D) Delaying the court

73 / 100

Does the Code of Criminal Procedure, 1898 affect any special jurisdiction or power conferred by any other law?

A) Only in Metropolitan areas

B) No, in the absence of any specific provision to the contrary

C) Yes, it overrides all laws

D) Only if the High Court directs

74 / 100

Sanctioning a prosecution or withdrawing from a prosecution is considered what type of function?

A) Legislative

B) Judicial

C) Investigative

D) Administrative or executive

75 / 100

The inherent power under Section 151 is exercised to:

A) Create new laws

B) Bypass the limitation act

C) Override the Supreme Court rules

D) Make orders necessary for the ends of justice or to prevent abuse of the process of the Court

76 / 100

Under Section 17, if a person dies before a right to sue accrues to him, limitation is computed from when?

A) Date the cause of action happened

B) Time when there is a legal representative capable of instituting the suit

C) One year after death

D) Date of death

77 / 100

A sees Z commit what appears to be murder. In good faith, A seizes Z to hand him over to the authorities. Later, it was found that Z was acting in self-defence. Here:

A) A has committed no offence because he is entitled to the defence of mistake of fact under Section 79

B) A is liable for failing to make reasonable inquiries

C) A is liable because he was neither bound nor justified by law

D) A is liable for wrongful apprehension

78 / 100

If a person to be arrested or property to be attached is outside the district, the Court issues a warrant/order and sends a copy to (Section 136):

A) The District Court within whose jurisdiction the person/property resides/is situate

B) The High Court Division

C) The local Police Station

D) The Border Guard Bangladesh

79 / 100

Which of the following is NOT an illustration of the defence of mistake of fact?

A) A licensed vendor sold liquor to an intoxicated person who showed no signs of intoxication, violating a strict liability statute

B) A rail conductor forcibly ejected a passenger, believing he had not paid his fare

C) A assailed his son with an axe, thinking he was a tiger due to a delusion

D) A killed a servant's friend, thinking he was attacking a burglar

80 / 100

Under Section 15(1), if the institution of a suit is stayed by an injunction, what happens to the time of the continuance of the injunction?

A) It bars the suit forever

B) It is excluded

C) It restarts the limitation period

D) It is included in the limitation period

81 / 100

Can a separate suit be instituted for the purpose of obtaining restitution under Section 144?

A) Yes, but only in the High Court

B) No, it must be done by application to the Court of first instance

C) Yes, if both parties agree

D) Yes, if the property value is high

82 / 100

Under Section 135, no Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while:

A) Traveling abroad

B) At his residence

C) On official leave

D) Going to, presiding in, or returning from his Court

83 / 100

When the Government merges the areas of more than one Upazila into one, it must ensure the area is identical with the local area included in a:

A) District

B) Union Parishad

C) Police Station

D) Ward

84 / 100

Can the Bar Council Tribunal review its own order?

A) No, it cannot

B) With High Court's permission

C) By Attorney General's order

D) Yes, it can

85 / 100

The language of any Court subordinate to the High Court Division shall be declared by (Section 137):

A) The Supreme Court

B) The Government

C) The District Judge

D) The Parliament

86 / 100

Where a decree is varied or reversed, an application to place the parties in the position they would have occupied but for the decree is called (Section 144):

A) Review

B) Remand

C) Reference

D) Restitution

87 / 100

Section 4 clause (a) states that nothing in this Act shall give any right to relief in respect of any agreement which is not a:

A) Contract

B) Registered deed

C) Public document

D) Written document

88 / 100

Under Section 145, if a person has become liable as a surety for the performance of a decree, the decree may be executed:

A) Only after filing a new suit against him

B) By the Government

C) Against him to the extent he has rendered himself personally liable

D) Against his family

89 / 100

In excluding the time of a former pending suit under Section 14 (Explanation I), which days are counted?

A) Only the day it ended

B) Both the day it was instituted and the day it ended

C) Neither

D) Only the day it was instituted

90 / 100

Opinions of experts are relevant

A) under section 48 of Evidence Act

B) under section 47 of Evidence Act

C) under section 45 of Evidence Act

D) under section 46 of Evidence Act

91 / 100

Any reference to a Magistrate of the 1st class outside a Metropolitan Area shall be construed as a reference to a:

A) Judicial Magistrate of the first class

B) Special Magistrate

C) Executive Magistrate

D) District Magistrate

92 / 100

If a suit requires a mandatory notice period under any enactment, is that notice period excluded from limitation?

A) Only for government suits

B) No

C) Only if it exceeds 30 days

D) Yes

93 / 100

A kept his unloaded gun in a private place. While he was away, someone loaded it and put it back. Later, A accidentally touched the trigger, and the gun went off, killing his wife. In this case:

A) A acted under a mistaken belief and is not liable

B) A would not be liable because the death was an accident and he had reasonable grounds to believe the gun was unloaded

C) A was negligent for not checking if the gun was loaded

D) A is liable for culpable homicide

94 / 100

A dying declaration is admissible

A) only in criminal proceedings

B) in criminal proceedings alone & not in civil proceedings

C) only in civil proceedings

D) in civil as well as criminal proceedings both

95 / 100

Are offences under laws other than the Penal Code investigated according to this Code?

A) Yes, subject to any enactment regulating the manner of investigating such offences

B) No, never

C) Only if the Supreme Court orders

D) Only in cognizable cases

96 / 100

Section 81 says that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done:

A) Without any criminal intention

B) None of the above

C) Both (a) and (b)

D) To avoid other harm

97 / 100

Declaration in course of business are admissible

A) under section 32(7) of Evidence Act

B) under section 32(2) of Evidence Act

C) under section 32(4) of Evidence Act

D) under section 32(1) of Evidence Act

98 / 100

Under Section 135A, a Member of Parliament is exempt from civil arrest during a session and for how many days before and after such meeting?

A) 14 days

B) 30 days

C) 21 days

D) 7 days

99 / 100

Against which order of the Bar Council can no appeal be filed in the High Court?

A) Order dismissing review

B) Order of suspension

C) Order of removal

D) Order of reprimand

100 / 100

Under Section 3, does "settlement" include a will or codicil?

A) No, it specifically excludes them

B) Yes

C) Only if probated

D) Only if registered

The average score is 0%

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Bar Council Full Model Test 06 English | 100 Marks 60 Min