Habeas corpus - A writ to have the body of a person to be brought in before the judge.
Meaning of In Personam
In Personam is a Latin term which literally means “against a particular person”.
In legal context:
In personam proceedings are those in which the relief or judgment is directed against a specific individual rather than against property or the world at large.
The court orders the defendant to do or refrain from doing something, and the judgment binds that particular person only.
Key Points
The action is personal—directed at a specific party.
The court can grant monetary compensation, specific performance, or injunctions.
Contrast with In Rem, where the judgment is against property or a thing, and binds the world at large.
Case Laws on In Personam
1. Donoghue v. Stevenson [1932] AC 562 (UK)
Facts: The plaintiff sued the manufacturer for damages after consuming a contaminated drink.
Observation: The relief was sought against a specific person (manufacturer)—this was an in personam action.
2. Carlill v. Carbolic Smoke Ball Co. [1893] 1 QB 256 (UK)
Facts: Mrs. Carlill sued the company for failing to pay a reward after using their product as advertised.
Observation: The suit was directed against the company, a specific legal entity. It illustrates an in personam proceeding.
3. Indian Case: State Bank of India v. Satyam Fibres, AIR 2003 SC 245
Facts: The bank sued a specific borrower for recovery of loan.
Observation: The court’s relief (loan recovery) was directed only against the borrower, not the world at large.
4. In Personam in Injunctions
Courts grant injunctions in civil law, which are in personam—requiring a particular defendant to stop doing an act.
Example: A court can order a person to stop building on disputed land, binding only that person.
Illustration
Civil Case:
A person sues a neighbor for encroachment. The court orders the neighbor to remove the encroachment.
This is an in personam order, binding the neighbor specifically.
Criminal Case:
A criminal prosecution is usually in personam, because the punishment or fine is imposed on a particular accused person.
Distinguishing In Personam vs In Rem
| Feature | In Personam | In Rem |
|---|---|---|
| Meaning | Relief directed against a specific person | Relief directed against property or thing |
| Scope | Binds only the defendant | Binds the world at large |
| Example | Suit for damages or injunction | Admiralty cases, property disputes, bankruptcy |
| Purpose | Personal obligation | Determines status or rights over property |
External Law References
Civil Procedure Code, 1908 (India)
Order XXXIX: Injunctions are granted in in personam proceedings.
English Law
Donoghue v. Stevenson and Carlill v. Carbolic Smoke Ball Co. illustrate personal liability cases.
Contract Law
Specific performance and damages are classic in personam remedies.
✅ Conclusion:
In personam means a proceeding where relief is sought against a particular individual. It creates personal obligations and binds only the defendant, unlike in rem actions, which affect the world at large or property. This principle is widely used in civil, criminal, and contractual law.
RELATED Blog
0 comments