Querist :
Anonymous
(Querist) 11 November 2011
This query is : Resolved
what r d main diference between these two(jud in rem or jud in personam).i m confused in when it says(rem) it determines status or things.explain me this concept thanks in anticipation
prabhakar singh
(Expert) 11 November 2011
A judgment pronounced on the status of some particular subject or property or thing (as opposed to one pronounced on persons),for instance a probate or letter of administration is not passed against any person but it declares the status of will to be correct which every body and all subsequent courts have to believe so.An other final example may be a judgement passed in suit filed under section 92CPC declaring the suit property to be a public trust.The judgments in rem are passed generally after public notice to all so that status so declared in the judgments may not be disputed by any one.
As against it a judgement in personam is decree passed for enforcement of a right with relation to subject matter in dispute in favor of one party[or parties who may be natural or artificial judicial entities] against other party[or parties who may again be natural or artificial juristic entities]. Noticeably, no notice is served in this case to public at large in these type of cases.
Piyush Vaishnava
(Expert) 11 November 2011
i do agree with Ld.Mr.Prabhakar
Arvind Sehdev
(Expert) 11 November 2011
satisfactorily answered by Mr.Prabhakar
Querist :
Anonymous
(Querist) 11 November 2011
IS IT A JUDGEMENT IN REM OR PERSONAM-COURT DECLARED IN MY FAVOUR 7 ACRE OF LANDS WHICH I SAY OWNER HAS REGISTERED IN MY FAVOUR.SECOND CLAIMANT OF SAME LANDS SAY I M ENTITLED TO THIS LAND BECOZ WILL IS GIVEN IN MY FAVOUR.IN THIS CASE IF BEFORE THE WILL IS WRITTEN TESTATOR SOLD ME THAT LAND.NOW THE JUDGEMENT THAT I HAVE AND WHICH IS GIVEN IN MY FAVOUR IN SUIT WITH ANOTHER PERSON IS JUD IN REM OR NOT.WHAT HAS DECIDED THAT JUDGEMENT IN MY FAVOUR A STATUS OR THINGS.
kuldeep kumar
(Expert) 11 November 2011
if the person in whose favour will was made is not the person concerned to u in following way i.e not a privi in blood,estate,law that jud is devoid of being put in category of judgement in rem.
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