arbitration, whereas in case of rights in personam an interest is
protected against a specific individual, and is referable to
arbitration. Further, subordinate rights ... personam arising from
rights in rem have always been considered to be arbitrable.
Decision in Natraj Studios (P) Ltd. was distinguishable, as the
rent control
which were conferred by the statutes were
already being exercised. Action in personam or rem were not
unknown. It was provided statutory base only. Statutes ... learned Principal Judge of the
City Civil Court that actions in personam used to
be entertained in the Common Law Courts in England
in respect
over the subject
matter and the defendant and also in actions in personam,
whether the jurisdiction was possessed over the subject
matter and the parties ... competency of a foreign court goes between action in
rem actions in personam. The subject matter of controversy
in the Mysore Courts was the status
instrument, the
proceeding would have to be considered to be one in personam.
According to him, the judgment in Aliens Developers (supra) does ... exercisable against the world at
large, as contrasted from a right in personam which is
an interest protected solely against specific individuals
and actions
make no special
provision when the suit is in personam ; but Rule 54
directs that proceedings not provided for by the rules shall
be regulated ... these rules do not apparently
contemplate a suit in rem and in personam being combined,
they do not expressly or by necessary implication forbid
mortgagee. This, too, can be effected by an order in personam on the mortgagor. If in India there are facilities for sending the decree ... disagree with the contention that though the English Courts act in personam in mortgage suits, the Original Side here does not do so, but acts
below:
"Maritime liens: although admiralty actions are
frequently brought in personam, against individual or
corporate defendants only, the most distinctive feature of
admiralty practice ... regards the concept of proceeding in rem and
proceeding in personam, it should be understood as
actions being related to the same subject-matter
against the property, as well as remedies in personam, i.e., against
the party personally...‖ (Benedict, The Law of American Admiralty ... proceed against the ship or cargo as distinguished from a right in
personam to proceed against the owner. The arrest of the ship is
regarded
appropriate case. This is because courts of equity exercise jurisdiction in personam. However, having regard to the rule of comity, this power will be exercised ... page 790, 1144. Learned senior counsel emphasized the distinction between in personam and in personam jurisdiction. The expressions personal jurisdiction, in personam and in personam
would lie only if the owner is also liable in personam. This, according to the learned Counsel, has been settled by the Supreme Court ... supply of necessaries to the ship that the owner is liable in personam. On facts it is submitted by Mr. Pratap that the plaintiffs
