Bar Council Full Model Test 08 English

Bar Council Full Model Test 08 (English)

Bangladesh Bar Council Preliminary Full Model Test 08

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

A will is required to be proved by calling at least one attesting witness

A) when it is admitted

B) when it is registered

C) all of the above

D) when it is unregistered

2 / 100

An accused, commanded in his dream to kill his wife, does so. He is:

A) Entitled to the benefit of Section 84 (insanity)

B) None of the above

C) Not entitled as he knew the nature of the act

D) Not entitled to the benefit of Section 94

3 / 100

Does the circumstance that the contract has become incapable of specific performance preclude the Court from awarding compensation under Section 19?

A) Only if the contract is registered

B) Only if the defendant asks

C) Yes

D) No

4 / 100

Presumption as to the accuracy of maps & plans made by the authority of Government is contained in

A) section 83 of Evidence Act

B) section 82 of Evidence Act

C) section 81 of Evidence Act

D) section 84 of Evidence Act

5 / 100

Oral account of the contents of a document is admissible

A) when given by a person who has seen but not read the document

B) when given by any of the above

C) when given by a person to whom the document was read over

D) when given by a person who has seen & read the document

6 / 100

Does a Magistrate of the first class have the power to authorize solitary confinement?

A) Only for murder cases

B) No, never

C) Only with High Court permission

D) Yes, if it is authorized by law

7 / 100

In Section 20, "Debt" includes:

A) Only verbal promises

B) Only bank loans

C) Money payable under a decree or order of Court

D) Moral obligations

8 / 100

A man suddenly murdered his wife and sister-in-law without attempting to run away. This case:

A) Falls within Section 84

B) Does not fall within Section 84 due to presence of motive

C) Does not fall within Section 84 because absence of motive does not imply unsoundness of mind

D) Falls within Section 84 due to absence of motive

9 / 100

Sections 79 to 85 of Evidence Act contain

A) irrebuttable presumption of law

B) irrebuttable presumptions of facts

C) presumption of facts

D) rebuttable presumptions of law

10 / 100

Which is an INCORRECT ingredient of the defence of unsoundness of mind under Section 84?

A) The defect of reason must be due to a disease of the mind and exist at the time of the crime

B) The person must be incapable of knowing the nature of the act or that it was wrong/contrary to law

C) Incapacity must be by reason of unsoundness of mind at the time of the act

D) Act must be done by a person of unsound mind

11 / 100

You are legally bound to assist a police officer demanding aid to prevent injury to:

A) A neighbor's pet

B) A private garden

C) Any personal belonging

D) A railway, canal, or telegraph

12 / 100

Does Section 22(1) apply if a party is added owing to an assignment of an interest during the pendency of a suit?

A) Only for defendants

B) Yes

C) Only for plaintiffs

D) No, Section 22(2) explicitly excludes this

13 / 100

Under Section 21(1), the expression "agent duly authorised" for a person under disability includes:

A) His lawful guardian, committee or manager

B) His neighbor

C) Any lawyer

D) His elder sibling

14 / 100

If a warrant is directed to a private person, can another private person aid in its execution?

A) Yes, if the person to whom the warrant is directed is near at hand

B) No, private persons cannot execute warrants

C) No, only police can aid

D) Yes, even if the person is miles away

15 / 100

In which chapter is the "Duty to the Public" discussed?

A) Chapter 4

B) Chapter 2

C) Chapter 1

D) Chapter 3

16 / 100

Under Section 18(d), if a vendor sues for specific performance and it's dismissed due to imperfect title, the defendant has a right to:

A) Imprison the vendor

B) Sue the government

C) Keep the property for free

D) Return of his deposit with interest, costs, and a lien

17 / 100

A pleaded insanity or drunkenness as a defence for murdering his wife. He had previously indicated an intention to kill her before drinking.

A) A is liable because he indicated intention

B) A is liable for murder as he formed the intent beforehand

C) A is not liable as he was too drunk

D) A is not liable due to temporary alcoholic insanity

18 / 100

The provision regarding intoxicated persons having the same knowledge as if sober applies to someone who:

A) Drank voluntarily

B) Is voluntarily intoxicated

C) Is highly intoxicated

D) None of the above

19 / 100

Suits claiming a declaration that trust property be let, sold, or mortgaged (public charities) requires institution under:

A) Section 92

B) Section 10

C) Section 115

D) Section 151

20 / 100

"Revenue Court" in Section 5 means a Court having jurisdiction under any local law to entertain suits relating to:

A) Commercial contracts

B) Trust property

C) Rent, revenue or profits of land used for agricultural purposes

D) Criminal offences

21 / 100

An intoxicated person is exonerated from liability for his acts provided:

A) Both (a) and (b)

B) The intoxicant was administered without his knowledge or against his will

C) At the time of doing the act, he was unable to know its nature

D) None of the above

22 / 100

Under Section 21(a), a contract for the non-performance of which compensation in money is an adequate relief:

A) Can be specifically enforced

B) Is void ab initio

C) Requires arbitration

D) Cannot be specifically enforced

23 / 100

If a vendor professes to sell unencumbered property, but it is mortgaged for an amount not exceeding the purchase-money, the purchaser may compel him to:

A) Cancel the contract with double compensation

B) Redeem the mortgage and obtain a conveyance

C) Pay the mortgage amount to the purchaser

D) Sell the property to the mortgagee

24 / 100

Explanation I of Section 11 (Res Judicata) defines "former suit" as:

A) A suit which has been decided prior to the suit in question

B) A suit filed in a foreign court

C) An interpleader suit

D) A suit filed earlier in time

25 / 100

When a person is convicted of multiple offences at one trial, the sentences of imprisonment generally commence:

A) Only the longest sentence is served

B) Consecutively (one after another) unless directed concurrently

C) Concurrently (at the same time) always

D) Sentences are averaged

26 / 100

Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of

A) maps & plans made by the authority of Government

B) maps & plans made by private persons

C) only (a) & not (b)

D) both (a) & (b) above

27 / 100

Imprisonment awarded in default of payment of fine shall not exceed what proportion of the maximum imprisonment the Magistrate is competent to inflict?

A) One-half

B) One-fourth

C) One-third

D) One-fifth

28 / 100

Can a contract the terms of which the Court cannot find with reasonable certainty be specifically enforced?

A) No

B) Yes

C) Only if oral

D) Only if written

29 / 100

Under Section 22(1), when a new plaintiff or defendant is substituted or added after a suit is instituted, the suit is deemed instituted against him:

A) When he was so made a party

B) On the original filing date

C) At the time of the final hearing

D) From the date of the cause of action

30 / 100

Under Section 23, in the case of a continuing breach of contract, when does a fresh period of limitation begin to run?

A) When a notice is served

B) At the end of the contract

C) At every moment of the time during which the breach continues

D) From the first day of breach only

31 / 100

If an officer with conferred powers is transferred to an equal or higher office in the same local area, does he retain those powers?

A) Only for 30 days

B) Yes, unless the Government directs otherwise

C) No, he must reapply

D) Only if the District Magistrate approves

32 / 100

An order determining a case under Section 35A (compensatory costs) can be appealed ONLY on the ground that:

A) No order, or an order for a less amount, ought to have been made (Section 104)

B) It was an ex parte order

C) The amount exceeded 50,000 Taka

D) The judge was biased

33 / 100

Under Section 35A, the period an accused spends in custody prior to conviction is:

A) Irrelevant to the final sentence

B) Added to the final sentence

C) Deducted from the sentence of imprisonment

D) Compensated financially

34 / 100

To whom does an Appellate Court refer an appeal for mediation (Section 89C)?

A) It mediates itself or refers in order to settle the dispute

B) Directly to the Supreme Court

C) To the Attorney General

D) To a foreign mediator

35 / 100

(Illustration) B digs coal under A's surface field. Surface subsides later. When does A's limitation period against B run?

A) From the time B started digging

B) Never

C) From the time A bought the field

D) From the time of the subsidence

36 / 100

Public documents are mentioned in

A) section 73 of Evidence Act

B) section 75 of Evidence Act

C) section 72 of Evidence Act

D) section 74 of Evidence Act

37 / 100

In the above case, the accused:

A) Is not guilty

B) Is guilty of murder only

C) Is guilty of murder unless he was so drunk he couldn't form the intent

D) Is guilty of rape only

38 / 100

In which chapter is the "Duty to the Client" mentioned?

A) Chapter 3

B) Chapter 2

C) Chapter 1

D) Chapter 4

39 / 100

A contracts to marry B. Can this contract be specifically enforced?

A) Yes, always

B) Yes, if damages are paid

C) No

D) Yes, under religious laws

40 / 100

Secondary evidence is admissible

A) irrespective of whether the non-production of primary evidence has been accounted for or not

B) where the non-production of primary evidence has not been accounted for

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

D) where the non-production of primary evidence has been accounted for

41 / 100

Which of the following is correct?

A) Both (b) and (c)

B) Medical insanity and legal insanity are the same

C) Medical insanity and legal insanity under Sec. 84 are different

D) Legal insanity means the person's lack of consciousness of the bearing of his acts on those affected by it

42 / 100

Under Section 24, for an act not actionable without special damage, when does the period of limitation begin?

A) When the act is done

B) When the plaintiff discovers the act

C) When the injury results

D) When the defendant admits liability

43 / 100

Section 79 of Evidence Act contains

A) a presumption of fact

B) a rebuttable presumption of law

C) an irrefutable presumption of law

D) no presumption either of fact or law

44 / 100

Where are the "ordinary powers" of Magistrates specified in the Code?

A) First Schedule

B) Third Schedule

C) Fourth Schedule

D) Second Schedule

45 / 100

A contract which runs into minute or numerous details, or depends on personal qualifications:

A) Can be specifically enforced

B) Can be enforced by a representative

C) Is punishable by law

D) Cannot be specifically enforced

46 / 100

Maxim omnia praesumuntur rite esse acta means

A) all acts are presumed to be wrongly done

B) all acts are presumed to be rightly done

C) all acts are presumed to be not rightly done

D) all acts are presumed to be not wrongly done

47 / 100

Where it is uncertain within the local limits of which of two or more Courts any immovable property is situate, a Court may proceed to entertain the suit after (Section 18):

A) Getting consent of both parties

B) Recording a statement to that effect

C) Asking the District Judge

D) Taking permission from the High Court

48 / 100

Where are the "additional powers" conferrable on Magistrates specified?

A) Fourth Schedule

B) Third Schedule

C) First Schedule

D) Second Schedule

49 / 100

Voluntary drunkenness is an excuse in cases of:

A) Delirium Tremens

B) Both (a) and (b)

C) Where a specific intent is an essential element of an offence

D) None of the above

50 / 100

Section 79 of Evidence Act applies to

A) certified copies issued by a Government officer

B) all the above

C) other documents duly certified to be genuine by a Government officer

D) certificates issued by a Government officer

51 / 100

"Where persons litigate bona fide in respect of a public right... all persons interested in such right shall be deemed to claim under the persons so litigating." This relates to which Explanation of Section 11?

A) Explanation IV

B) Explanation II

C) Explanation V

D) Explanation VI

52 / 100

A person suffering from fever killed his children because he was annoyed at their crying. He:

A) Is not entitled to the benefit of Section 84 because he knew the nature of the act

B) Is entitled to defence as he did not know the nature of the act

C) Is entitled to defence as he was suffering from disease

D) Is entitled to defence as he was annoyed

53 / 100

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

A) all the above

B) quasi-public documents

C) private documents

D) semi-public documents

54 / 100

Which of the following is an INCORRECT proposition regarding drunkenness as a defence?

A) Voluntary drunkenness is no excuse where mere 'knowledge' is required

B) Involuntary drunkenness is an excuse

C) Voluntary drunkenness is an excuse regarding 'intention'

D) Actual knowledge gives rise to presumed intention making voluntary drunkenness an excuse

55 / 100

Under Section 2(15), "pleader" means:

A) Any person entitled to appear and plead for another in Court

B) Only an Advocate of the Supreme Court

C) A recognized agent

D) Only a Government appointed lawyer

56 / 100

Which of the following is an INCORRECT condition for the defence under Section 87?

A) Person giving consent is above 18 years of age

B) Act done without intention or knowledge of causing death or grievous hurt

C) Harm is caused with express or implied consent

D) Person giving consent must be above 12 years of age (Section 87 requires 18)

57 / 100

Under Section 19, can a person ask for compensation in addition to or in substitution for specific performance?

A) Only in substitution, not in addition

B) Yes

C) No, only specific performance is allowed

D) Only in addition, not in substitution

58 / 100

According to Section 2(19), "share in a corporation" shall be deemed to include:

A) Only equity shares

B) Stock, debenture stock, debentures or bonds

C) Promissory notes

D) Bank notes

59 / 100

Admissibility of electronic record has been prescribed under

A) section 65A of Evidence Act

B) section 66 of Evidence Act

C) section 65 of Evidence Act

D) section 65B of Evidence Act

60 / 100

The maximum fine a Court of Magistrate of the first class can impose is:

A) One lac taka

B) Five lac taka

C) Three lac taka

D) Two lac taka

61 / 100

Under Section 2(17), which of the following is NOT expressly listed as a "public officer"?

A) A private legal practitioner

B) Every member of the Civil Service of the Republic

C) Every commissioned officer in the military

D) Every Judge

62 / 100

"Accidental slip or omission" in judgments can be corrected under:

A) Section 153

B) Section 152

C) Section 144

D) Section 151

63 / 100

A, drunk, asked a boy to move. When the boy refused, A shot him. Held:

A) A is not liable due to mental impairment

B) A is not liable and entitled to the defence

C) A is liable because voluntary drunkenness is never a defence

D) A is liable because a drunk person is presumed to have the same knowledge as a sober one

64 / 100

The maximum fine a Court of Magistrate of the third class can impose is:

A) Two lac taka

B) Fifty thousand taka

C) One lac taka

D) Three lac taka

65 / 100

Does a written acknowledgment signed by one of several joint partners automatically bind the other partners under Section 21(2)?

A) No, it does not render others chargeable by reason only of that signature

B) Yes, if they are blood relatives

C) Yes, always

D) Yes, if the business is registered

66 / 100

If consecutive sentences are passed at one trial, for the purpose of an appeal, they shall be deemed to be:

A) A single sentence

B) Voidable

C) Separate sentences

D) Invalid

67 / 100

Does the duty to report certain offences (Section 44) apply to acts committed out of Bangladesh?

A) Only if an Interpol notice is issued

B) Only if committed in India

C) No

D) Yes, if the act would constitute an offence if committed in Bangladesh

68 / 100

A drunken person killed his uncle. It was established he was incapable of forming the specific intent to kill. He is:

A) Entitled to the benefit of Section 85

B) Guilty of culpable homicide not amounting to murder

C) Guilty of murder

D) None of these

69 / 100

Which of the following provisions DOES NOT extend to Courts of Small Causes (Section 7)?

A) Issuing summons to witnesses

B) Payment of costs

C) The execution of decrees against immovable property

D) Suits for recovery of money

70 / 100

A commission issued by a foreign Court may be executed under the provisions of:

A) Section 88

B) Section 94

C) Section 78

D) Section 75

71 / 100

The accused ravished a 13-year-old girl and caused her death by suffocation. He pleaded drunkenness.

A) Accused is not entitled to the benefit of Section 85

B) Accused is entitled to the benefit

C) Accused is entitled to the benefit of Section 85

D) Cannot say

72 / 100

Who formulated the "Canons of Professional Conduct and Etiquette"?

A) Supreme Court

B) Law Commission

C) Parliament

D) Bangladesh Bar Council

73 / 100

The Rule Committee must report to the Supreme Court on any proposal to make/alter rules. Before making rules, the Supreme Court must (Section 124):

A) Publish it in newspapers first

B) Approve it blindly

C) Take such report into consideration

D) Ask the Parliament

74 / 100

In the above question, the person is guilty of culpable homicide because:

A) Both (a) and (b)

B) Section 86 protects against assuming specific intent

C) Section 86 doesn't assume knowledge

D) None of the above

75 / 100

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

A) all of the above are correct

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

C) by calling both the attesting witnesses

D) by calling at least one of the attesting witnesses

76 / 100

A specially empowered Magistrate under section 29C may pass a sentence of imprisonment not exceeding:

A) 5 years

B) Life

C) 10 years

D) 7 years

77 / 100

If the total period of custody prior to conviction is longer than the sentence of imprisonment awarded, what happens to the fine (if any)?

A) It is converted to more jail time

B) It stands remitted (canceled)

C) It is doubled

D) It must be paid immediately

78 / 100

The maximum fine a Court of Magistrate of the second class can impose is:

A) One lac taka

B) Five lac taka

C) Two lac taka

D) Three lac taka

79 / 100

A contracts to render personal service to B. Can B enforce specific performance?

A) Only if A is a government employee

B) Only if A was paid in advance

C) No

D) Yes

80 / 100

An acknowledgment made by the manager of a Hindu undivided family (Section 21(3)):

A) Is deemed to have been made on behalf of the whole family

B) Binds only the manager

C) Is invalid

D) Requires consent of all members

81 / 100

Does CPC (English) limit any remedy a landlord may have under any law for the recovery of rent of agricultural land (Section 4)?

A) Only if the amount exceeds 10,000 Taka

B) Only in specific districts

C) No

D) Yes

82 / 100

Who may administer an oath to a deponent for an affidavit under Section 139?

A) An officer appointed by the Supreme Court

B) An officer appointed by a Government-empowered Court

C) All of the above

D) Any Court or Magistrate

83 / 100

In which chapter is the "Duty to other Advocates" found?

A) Chapter 3

B) Chapter 2

C) Chapter 1

D) Chapter 4

84 / 100

Section 17 states that the Court shall not direct specific performance of a part of a contract EXCEPT in cases coming under:

A) Sections 10, 11, and 12

B) Sections 21, 22, and 23

C) Section 18

D) The three last preceding sections (14, 15, 16)

85 / 100

If a mediation results in a compromise, who must sign the agreement (Section 89A)?

A) Only the pleaders

B) Only the mediator

C) The parties, pleaders, and the mediator

D) The Judge only

86 / 100

The Ruler of a foreign State may be sued in the name of an agent if (Section 87):

A) The agent is a citizen of Bangladesh

B) The Ruler trades in Bangladesh

C) The Ruler requests it

D) The Government directs it while giving consent

87 / 100

Under Section 105(2), what happens if a party aggrieved by an order of remand does not appeal it?

A) The High Court intervenes automatically

B) They are precluded from disputing its correctness thereafter

C) They can appeal it after final judgment

D) The case is dismissed

88 / 100

An accused committed murder without any motive under an epileptic fit. He:

A) None of the above

B) Is not entitled to such benefit

C) Is entitled to get benefit under Section 84

D) Is guilty of murder

89 / 100

The calling of at least one attesting witness to prove a document under section 68 is not necessary

A) when the document irrespective of whether it is a Will, is registered under the Bangladeshi Registration Act, 1908

B) when the document including Will is registered under the Bangladeshi Registration Act, 1908

C) when the document other than a will is registered under the Bangladeshi Registration Act, 1908

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

90 / 100

In which chapter of the Canons is the "Duty to the Court" discussed?

A) Chapter 3

B) Chapter 2

C) Chapter 4

D) Chapter 1

91 / 100

Can imprisonment awarded in default of fine be in addition to a substantive sentence of maximum imprisonment awardable by the Magistrate?

A) Yes

B) Only if the offender agrees

C) Only in non-bailable cases

D) No

92 / 100

Under Section 20(2), if mortgaged land is in the possession of the mortgagee, what is deemed to be a payment?

A) Receipt of the rent or produce of such land

B) Selling the land

C) Paying land tax

D) Foreclosure

93 / 100

Which of the following is correct regarding Section 84?

A) None of the above

B) Mere absence of motive does not bring the case within Section 84

C) Both (a) and (b)

D) A person is exonerated if they act under unsoundness of mind

94 / 100

In the case of consecutive sentences for several offences, the aggregate punishment shall not exceed:

A) 25 years

B) 14 years

C) 20 years

D) 10 years

95 / 100

In order to claim exemption under Section 85, the accused must establish that at the time of the act, by reason of intoxication he was:

A) Intoxicated without his knowledge or against his will

B) Incapable of knowing the act was wrong/contrary to law

C) Incapable of knowing the nature of the act

D) Intoxicated with or without knowledge, but not against his will

96 / 100

If a power was conferred in consultation with the High Court Division, its withdrawal must be made:

A) By the Chief Judicial Magistrate alone

B) By the President

C) In consultation with the High Court Division

D) By the Police Commissioner

97 / 100

If a person is aware of an intention to commit murder (Sec 302), who has the burden of proving a "reasonable excuse" for not informing the authorities?

A) The intended victim

B) The Police

C) The person so aware

D) The Magistrate

98 / 100

Principle of omnia praesumuntur rite esse acta is contained in

A) section 81 of Evidence Act

B) section 80 of Evidence Act

C) section 78 of Evidence Act

D) section 79 of Evidence Act

99 / 100

If an act requires a particular knowledge or intent, an intoxicated person is dealt with as if he:

A) Had the same knowledge as if sober (Section 86)

B) Had the same intent and knowledge as if sober

C) Had the knowledge only

D) Had the acknowledged intent

100 / 100

Under Section 11, Explanation II, the competence of a Court shall be determined irrespective of:

A) Pecuniary limits

B) Any provisions as to a right of appeal from the decision of such Court

C) The nature of the suit

D) Territorial limits

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Bar Council Full Model Test 08 English | 100 Marks 60 Min