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Showing posts with label right in rem. Show all posts
Showing posts with label right in rem. Show all posts
Saturday, 21 March 2026

Supreme court explains the distinction between the doctrine of Precedent and Res Judicata

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There is a clear conceptual distinction between precedent and res judicata. Salmond on Jurisprudence P.J. Fitzgerald (12th Edition) page 141...
Thursday, 5 February 2026

Important judgments and articles on right in rem and right in personam

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  Q 1:- What is difference between right in rem and right in personam with reference to Arbitration proceeding? A right in rem is a right ex...
Thursday, 19 June 2025

Rights in Rem vs Rights in Personam: Understanding the Fundamental Distinction in Indian Jurisprudence with Special Reference to Section 35 of Bharatiya Sakshya Adhiniyam

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  Introduction The distinction between rights in rem and rights in personam forms the bedrock of legal understanding in property law, contr...
Sunday, 21 July 2024

What is difference between right in rem and right in personam with reference to Indian law?

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 In the context of Indian law, as well as general legal theory, the distinction between rights in rem and rights in personam is fundamental....

What is difference between right in rem and right in personam with reference to Arbitration proceeding?

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A right in rem is a right exercisable against the world at large, as contrasted from a right in personam which is an interest protected sole...
Thursday, 20 August 2020

Supreme Court: Court can refer Suit for cancellation of the deed on the ground of fraud U/S 31 of the Specific Relief Act to Arbitration

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1) It is submitted that while considering the application u/s 8 of Arbitration and Conciliation Act, 1996, the court has to consider a...
Sunday, 28 January 2018

Whether declaration given U/S 34 of specific relief Act is binding on third party?

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By virtue of section 35 of the Specific Relief Act a declaration given under section 34 is binding only between the parties. It is declarat...
Sunday, 14 January 2018

What is distinction between power of civil court and arbitrator regarding grant of injunction?

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 The dispute in between the parties arising out of an arbitration agreement would also come within the purview of the expression "d...
Saturday, 28 October 2017

To what extent disputes relating to intellectual property rights are arbitrable?

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We now deal with the first aspect of the matter, i.e., as to whether IPR disputes are arbitrable. This takes us to the question as to w...