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Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
May 2012 Examination
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BLS LLB 5 Years Sem 8 Jurisprudence and Legal Theory May 2012 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2012 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
Instructions printed on the paper
- N.B: (1) Answer all questions in the answer book and if required in additional answer books. (2) There are no different sections.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer all ten questions
20 Marks - 2 marks each
(a)What do you understand by 'Personal' and 'real' property?[2]
Answer
Real property is, broadly, property in land. Personal property is all other property: goods, money, shares, debts and other movables. The division comes from English law.
Its origin. Salmond explains that both terms come from the old forms of action. "Real property meant originally that which was recoverable in a real action, while personal property was that which was recoverable in a personal action." A real action recovered the thing itself. A personal action gave only a claim against the wrongdoer.
How it relates to immovable and movable. Salmond calls real and immovable property "intersecting circles which are very nearly though not quite coincident". The law of real property "is almost equivalent to the law of land". The law of personal property "is all but identical with the law of movables". The small gap between them is an accident of English legal history, with no logical basis.
Not the same as real and personal rights. A real right (right in rem) avails against the whole world. A personal right (right in personam) avails against a particular person. The two divisions share a Roman origin, but Salmond says they have "no logical connexion".
In Indian law. Indian statutes use immovable and movable property instead. Under section 3(26) of the General Clauses Act 1897, immovable property "shall include land, benefits to arise out of land, and things attached to the earth". Under section 3(36), movable property "shall mean property of every description, except immovable property".
Example. A farm is real (immovable) property. The tractor on it is personal (movable) property.
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