AILET (All India Law Entrance Test) Legal-Aptitude: Questions 136 - 136 of 254

Access detailed explanations (illustrated with images and videos) to 254 questions. Access all new questions- tracking exam pattern and syllabus. View the complete topic-wise distribution of questions. Unlimited Access, Unlimited Time, on Unlimited Devices!

View Sample Explanation or View Features.

Rs. 200.00 -OR-

How to register? Already Subscribed?

Question 136

Appeared in Year: 2016

Question

MCQ▾

LEGAL PRINCIPLE: A judgment which binds only the parties to a suit in which the judgment was passed is called judgment in personam; whereas a judgment which binds all men irrespective of whether they were party to suit or not is known as judgment in rem.

FACTUAL SITUATION: “Judgment of a competent court determining contractual obligations of the parties to a contract is an example of judgment in personam; but a judgment of a competent court declaring a party to be insolvent is an example of judgment in rem.” Comment on the correctness of this statement.

Choices

Choice (4)Response

a.

The Statement is wrong as both the judgments are judgments in personam as both the judgments bind not only the parties to the suit but not the others.

b.

The Statement is wrong as both the judgments are judgments in rem as both bind not only the parties to the suit but also others.

c.

The statement is correct.

d.

The statement is incorrect because a judgment relating to contract is a judgment in rem as it binds both the parties to the suit as well as the strangers. But a judgment relating to insolvency applies only to the person who has been adjudged to be an insolvent; hence it is a judgment in personam.

Developed by: