judgment in personam
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| Noun | 1. | judgment in personam - a judgment rendered against an individual (or corporation) for the payment of money damages judicial decision,judgment,judgement - (law) the determination by a court of competent jurisdiction on matters submitted to it corp,corporation - a business firm whose articles of incorporation have been approved in some state law,jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" judgement in rem,judgment in rem - a judgment pronounced on the status of some particular subject or property or thing (as opposed to one pronounced on persons) |
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He did so: (a) because, at common law, an English court would not enforce ajudgment in personam contrary to the normal English jurisdictional rules as to foreign judgments; and (b) because nothing in the CBIR, articles 21(e) (realization of assets) and 25 (judicial co-operation), justified the enforcement of foreign judgments in insolvency proceedings.
Their argument was that, as the plaintiff's claim had merged with the earlier Indianjudgment in personam, the later action in rem was estopped as res judicata.
* If based on ajudgment in personam, the judgment must be for a fixed debt.
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