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峁氠箛腻诲腻苍补, i.e. payment and recovery of debts is one of the important vyavah膩rpadas described in the 厂尘峁泃颈蝉. It occupies the top of the list of titles of lawsuit. The concept of debt and the liability to pay of one鈥檚 debts have a very ancient origin in India, which can be traced from the time of the 峁欢惫别诲补.^[1] 驰腻箩帽补惫补濒办测补 has treated the laws on repayment of debts [i.e., 峁涐箛腻诲腻苍补] while dealing with substantive law after expounding the rules of procedure in general and particular cases.

驰腻箩帽补惫补濒办测补 has devoted twenty-eight verses to discuss the laws on this topic. The 惭颈迟腻办峁�a谤腻 commentary explains that this title of law, viz. the laws on recovery of debt is of seven kinds, that means it contains seven points for consideration.

These points are as follows:-

1. the kind of debt which should be paid,
2. the kind of debt which should not be paid,
3. who are having authority to pay or by whom it should be paid,
4. the time when it is to be paid,
5. by what way it is to be paid,
6. the mode of advancing a loan and
7. the mode of recovering it.

Here the first five points are concerned to the 补诲丑补尘补谤峁嘺, which means a debtor and last two points are subjects of consideration for the 耻迟迟补尘补谤峁嘺, referring to a creditor.^[2] It seems to be well settled during the time of 驰腻箩帽补惫补濒办测补 that the debt or loan is advanced by the creditor charging interest on it as a means to earn profit from the debtor. The things so lent may be money or any other kind. 驰腻箩帽补惫补濒办测补, at first, gives the laws or rules regarding rate of interest to be charged on debts. The rate of interests allowed by 驰腻箩帽补惫补濒办测补, differs depending on various factors, such as nature of debt, debtors, purpose, the things lent, etc. Loans are described to be of secured or unsecured as it happens now a days. 驰腻箩帽补惫补濒办测补 prescribes the rate of interest to be an eightieth part of the principal, per month, in case of a debt, which is secured by pledging or mortgaging something. Otherwise two, three, four or five per cent may be charged as rate of interest every month respectively in order of the 惫补谤峁嘺蝉 (classes). ^[3] The 惭颈迟腻办峁�a谤腻 commentary explains that these rates of interest, i.e. two, three, four and five percent are referred to loans without pledge or mortgage.^[4]

There is provision for special rate of interest in some particular cases. 驰腻箩帽补惫补濒办测补 enumerates that borrowers, who go through a dreary forest should pay ten per cent interest every month and those, who travel by sea, twenty per cent per month.^[5] The 惭颈迟腻办峁�a谤腻 delineates the reasons, for high rate of interest in such cases very well. Those debtors, who have to traverse risky path involves danger to life and property. Therefore, the creditor is allowed to take these exorbitant rates of interest, for advancing loan to such trader, as there is great danger of loss of the principal amount also.^[6] 驰腻箩帽补惫补濒办测补 also permits stipulated interest, between debtor and creditor, under the laws on recovery of debt. As a rule, all may pay the rate of interest settled by mutual agreement among all classes.^[7] Special kinds of interest are declared on some chattels. In case of female cattle, being loaned the interest is their progeny. The interest on loans of liquid substances, (such as, oil, clarified butter, etc.) should be eightfold and the interest on loans of cloth, grain and gold should be fourfold, threefold and twofold respectively.^[8] When a debtor of inferior class becomes insolvent and he is unable to pay his debt, then he should be made to work for the satisfaction of his debt. However, a 叠谤腻丑尘补峁嘺 in such situation should be made to pay, as his means permit.^[9]

Both Manu^[10] and 狈腻谤补诲补^[11] have mentioned interest to be of four types, viz. 办腻濒颈办腻, 办腻谤颈迟腻, 办腻测颈办腻 and 肠补办谤补惫峁沝诲丑颈. The interest payable by the month is called 办腻濒颈办腻. 碍腻谤颈迟腻 interest is stipulated interest, which is promised or fixed willingly by the parties. Interest upon interest is termed as 肠补办谤补惫峁沝诲丑颈. 碍腻测颈办腻 interest is in the form of bodily labour i.e. corporal interest.^[12] According to 狈腻谤补诲补, 办腻测颈办腻 interest is different. It is an interest at the rate of one 辫补峁嘺 or quarter of a 辫补峁嘺 payable regularly without diminishing the principal.^[13] It appears that 驰腻箩帽补惫补濒办测补鈥檚 laws on rate of interest have reference with above-mentioned three kinds of interest, i.e. periodical, stipulated and corporal.

Regarding the process of recovery of debt, 驰腻箩帽补惫补濒办测补 states that the king should not prevent or blame one, while trying to recover a debt, which is acknowledged, i.e. either admitted by the debtor or proved by means of witnesses etc. If the debtor, while demanding repayment of an admitted debt, goes to the king for complaining against the creditor, then he should be punished and should be compelled to pay the amount to the creditor.^[14] The debtor should be made to pay by the king to himself a tenth portion, recovered from the acknowledged amount. The creditor is also under the obligation to pay five per cent of the amount after recovering his debt.^[15] This law is intended to apply in case of an admitted debt, when the creditor being unable to recover himself, secures through the king. 驰腻箩帽补惫补濒办测补 seems to have granted free hand immunity to the creditor to recover and acknowledge debt from the debtor.

When a debtor has number of creditors, then according to 驰腻箩帽补惫补濒办测补 two rules are to be followed, while recovering their debt. If the creditors are of same caste, the debtor should pay according to the order of the receipt. Among the creditors of different castes, the debtor should be ordered to pay the 叠谤腻丑尘补峁嘺 first and then in order of castes.^[16] An interesting law is laid down to safeguard the interest of the debtor from being exploited by a greedy creditor. Where the debt amount has been tendered to the creditor by the debtor, but the former does not accept back, or refuses to accept and the latter deposits the same with a middleman, then the interest stops from that time of deposit.^[17] It is worth mentioning here that the principle incorporated in section 84 of the Transfer of Property Act, 1882, having force at present in India, is almost similar with this provision of 驰腻箩帽补惫补濒办测补 regarding cessation of interest. Section 84 provides that interest on mortgaged money ceases from the date, on which principal was tendered to the creditor and after his refusal, deposited in the court.^[18]

驰腻箩帽补惫补濒办测补 has exhaustively discussed the law, relating to the persons to whom the liability of repayment of debt lays and when such liability arises. A debt, that is incurred by the undivided members for the purpose of the family, generally the head of the family should repay it. In absence of him, i.e. on his death or departure to abroad, the coparceners or members inheriting the property must repay it.^[19] It implies that when the debt is taken for the welfare of family, the liability to repay exists irrespective of the fact whether they remain united or divided. The general rule is that a woman is not liable to repay husband鈥檚 or son鈥檚 debt, likewise a man is not held responsible to pay the debt of his son or wife, except when that loan is made for the necessities of the family.^[20] In such situation, when the debt is contracted for the benefit or necessities of the family, then the liability arises from the inference of agency or authority. Under section 187 of Indian Contract Act, an example of implied authority is presumed, in favour of wife, to pledge the credit of her husband for domestic matters when certain conditions are satisfied.^[21]

However, an exception to the rule of non-liability of husband for wife鈥檚 debt is provided in of the 驰腻箩帽补惫补濒办测补sm峁泃i (2.48), that in case of the debt contracted by the wives of herdsman, liquor manufacturer, dancer, washerman or hunter, their husbands are under obligation to repay it. Another exception holds a woman responsible to pay the debt of her husband, which has been promised by her, which has been incurred by the wife jointly with her husband or which is contracted by herself alone.^[22] Moreover, 驰腻箩帽补惫补濒办测补 puts forward that in three situations liability to pay the debt of father is binding upon the son and in case of their inability to repay, it should be discharged by the grandsons.

These three conditions when the son and the grandson must pay the debt of father are-

1. after the death of the father,
2. when the father has gone to a distant country,
3. if the father is immersed in difficulties such as by an incurable disease or the like.

When the son or the grandson sets up a denial or there is any dispute about the veracity of the debt that should be established by witnesses, i.e. by any means of proof. ^[23] There arises a doubt regarding the liability of the great-grandson. The 惭颈迟腻办峁�a谤腻 in two places makes it clear that the liability of the great-grandson is restricted to the ancestral property. The great-grandson is liable to pay his greatgrandfather鈥檚 debt, if he has received ancestral property and he is not liable to pay if he does not inherit ancestral property.^[24] 驰腻箩帽补惫补濒办测补鈥檚 view seems to support that a debt remains payable, till the third generation, which is specifically mentioned in 2.90. Moreover, if there are several sons, who are divided, then the rule is that they should pay father鈥檚 debt according to their respective shares. In case of living jointly, the responsibility falls on the manager.^[25]

Even though, sons are under pious obligation to pay the debts of father, one important aspect based on equitable and moral principle is included by 驰腻箩帽补惫补濒办测补 to this law. The sons cannot be held responsible for illegal and immoral debts of father. The debt incurred by father for the purpose of liquor, lust, gambling, balance of an unpaid fine, toll or gift without consideration, etc., are not binding on his sons.^[26] Thus, 驰腻箩帽补惫补濒办测补 supports taking and repayments of loan only for moral and legal purpose. 驰腻箩帽补惫补濒办测补, as a whole, gives the order of persons, who are made liable to pay the debt of the deceased. The prime responsibility rests on one, who takes or inherits the property. In absence of anyone belonging to such category, the liability is vested on the taker of (debtor鈥檚) wife. Then the son, if the paternal estate has not gone to another is liable. In case of a sonless man, those who take the heritage should be made to pay the debt.^[27]

The laws of debt given by 驰腻箩帽补惫补濒办测补 have reference to surety. A standard definition of suretyship is given by the 惭颈迟腻办峁�a谤腻 that it is a contract with another person, with the object of creating confidence or assurance.^[28] 驰腻箩帽补惫补濒办测补 keeps the provisions of furnishing surety, i.e. the guarantee of a third party to create confidence in the creditor to advance loan. Thus, suretyship requires presence of three parties, viz. the surety, the debtor and the creditor. 驰腻箩帽补惫补濒办测补 sanctions three kinds of surety, according to the purpose, in case of loan transactions. These are surety for appearance, assurance and for payments. All the three kinds of surety are liable to make good the loss arising from the default. In case of the third kind of surity, the liability to repay even extends to his sons also.^[29] Surety for appearance guarantees to produce the person whenever necessary. Surety for assurance insists to rely on, or believe the person saying that he will not deceive. Surety for payment undertakes to pay the whole amount himself in default of the debtor.^[30] The sons of the first and second kinds of sureties are not bound to repay the money after the death of their father.^[31] If there are several sureties and their share is determined, then they have to repay an amount to the extent of their respective shares. On the contrary, if they have undertaken the liability jointly and severally, then the creditor may recover according to his choice.^[32] The right of a surety is protected in that case when a surety publicly pays on behalf of the debtor to the creditor then the debtor is liable to pay the double the amount that surety has paid.^[33] In case of grain, cloth, liquid substances the surety is entitled to recover from the original debtor threefold, fourfold, and eight-fold, respectively. In case of a female animal, a progeny also becomes payable.^[34] These provisions are in the form of punishment for a debtor so that he does not become negligent, for which the surety has to suffer. 驰腻箩帽补惫补濒办测补 expressly prohibits or disqualifies suretyship among brothers, between husband and wife, and between son and father. They also cannot give and take loans, appear as witnesses according to law as long as they are undivided.^[35]

A close resemblance is found between the laws regulating surety in the 驰腻箩帽补惫补濒办测补sm峁泃i, and the laws dealing with contracts of guarantee or suretyship in the Indian Contract Act. Section 126 defines surety as the person, who gives the guarantee. Section 128 makes the liability of surety co-extensive with that of the principal debtor. Section 140 and 145 provide that when surety makes the payment of debtor, he gets all legal rights of the creditor for payment against the debtor. Section 146 contains the rules of liability of the sureties when there is more than one.^[36]

驰腻箩帽补惫补濒办测补 discusses 腻诲丑颈 and surety as two means to secure a loan from the creditor. The 惭颈迟腻办峁�a谤腻 defines 腻诲丑颈 to be debt which is deposited i.e. hypothecated by the debtor with the creditor for the purpose of creating confidence in lending the debt.^[37] 驰腻箩帽补惫补濒办测补 has not differently stated the types of 腻诲丑颈 on the basis of movable or immovable property, and so his rules seem to have included both the classes. He proclaims that if 腻诲丑颈 is not redeemed, that means the property or thing furnished by the debtor to the creditor as surety for repayment of loan is not recovered or get back by making the payment of loan until the principal amount becomes double in course of time with the addition of interest, then it lapses, i.e. the right of the debtor, who is original owner is forfeited. In case of 腻诲丑颈, with specific time limit, i.e. when a time is fixed for payment of loan, if the time so fixed or appointed passes, failing to do so, then it is lost to the debtor. However, the 腻诲丑颈 with possession for the enjoyment of fruit never lapses.^[38] Here three kinds of 腻诲丑颈 with their right of redemption are set forth. The principle of 腻诲丑颈 is present under modern law as to distinct set of laws, viz. pledge and mortgage. The Indian Contract Act and the Transfer of Property Act govern the laws on pledge and mortgage, respectively. Section 172 of the Indian Contract Act defines pledge to be the bailment of goods as surety for payment of debt or performance of a promise. Section 173 declares pledge is the security for repayment of debt, interest and other necessary expenses incurred on the goods pledged. ^[39] Likewise, mortgage is defined under section 58 of the Transfer of Property Act. When loan is secured against some immovable property of the debtor then it is called mortgage. 膧诲丑颈 described by 驰腻箩帽补惫补濒办测补 with specific time limit and one with enjoyment correspond to the English mortgage and usufructuary mortgage defined under section 58(e) and 58(d).^[40]

驰腻箩帽补惫补濒办测补 also dwells upon the right of the debtor, which imposes liability on the creditor regarding the thing given as 腻诲丑颈. Here he refers two kinds of 腻诲丑颈, one for custody only called gopy腻诲丑颈 and another for possession and use, known as bhogy腻诲丑颈. When the 腻诲丑颈, which to be kept only, is used or enjoyed by the creditor then the rule is that he will not be entitled to any interest. Similarly, there will be no interest if 腻诲丑颈, to be used, is damaged or rendered useless. If the 腻诲丑颈 is destroyed or deteriorated, that means, renders unfit for any transaction then the creditor has to restore it. He will not be liable to restore in case the loss is not caused by the act or negligence of creditor, but due to the act of god or the king.^[41] The gopy腻诲丑颈, mentioned here, bears similarity with the simple mortgage of Transfer of Property Act. One important point may be observed here that 驰腻箩帽补惫补濒办测补, at an early stage, recognized the act of god or the king as valid defence, which are considered important defence under law of torts in India even today as act of god i.e. working of natural forces and act of state.^[42]

The rights of the creditor, which, in turn, disclose the liabilities of debtor over the 腻诲丑颈, have been given that if it suffers deterioration or injury to become insufficient as security, even though the proper care is taken, then another adequate must be substituted or the creditor should get back the amount due to him. A new rule is given in addition that 腻诲丑颈 can be established only when its acceptance is proved.^[43] 驰腻箩帽补惫补濒办测补 describes the existence of two special kinds of 腻诲丑颈 called caritrabandhaka and 蝉补迟测补峁卥腻谤补 respectively. In case of the first kind, the debtor should be caused to pay the loan with interest and in case of second kind, he has to pay double the amount.^[44] This rule purports that there is no loss or forfeiture of 腻诲丑颈 in any case even though the amount is double.^[45] The creditor remains under obligation to restore the 腻诲丑颈 to the debtor when latter comes to redeem it, otherwise, he will be deemed to commit the offence of theft. It is further laid down that when the creditor is not present, either dead or gone abroad, the debtor is entitled to take back it by paying the amount to his family. The ascertained amount being tendered by the debtor with a view to redeeming the 腻诲丑颈, the creditor will not receive any interest from that time though it remains with him.^[46] Moreover, in case of a debt secured through 腻诲丑颈, when double the principal amount has been received from the profits, then 腻诲丑颈 is to be released or returned.^[47] These rules are based on equity. The main purpose is to protect the interest of debtors, so that the lender taking advantage of the depressed position of him cannot hold on the property absolutely after the repayment of the loan. These provisions of 驰腻箩帽补惫补濒办测补sm峁泃i, concerning the right and liabilities of the debtor and creditor, show marking similarities with those conditions, conferred on the mortgagor and mortgagee under sections 60 to 66, and sections 67 to 77, of the Transfer of Property Act.^[48]

Footnotes and references:

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[1]:

cf., Kane, P.V., History of 顿丑补谤尘补艣腻蝉迟谤补, Volume3, page414

[2]:

tacca 峁涐箛腻诲腻苍补峁� saptavidham/ 墨d峁浥沘m峁涐箛a峁� 诲别测补峁�, 墨d峁浥沘m峁涐箛a诲别测补峁�, anen腻诲丑颈k膩ri峁嚹� 诲别测补峁�, asmin samaye 诲别测补峁�, anena prak膩re峁嘺 deyamityadhamar峁噀 pa帽cavidham/ uttamar峁噀 d膩navidhi岣� 膩d膩navidhi艣ceti dvividhamiti/ 惭颈迟腻办峁�a谤腻 on 驰腻箩帽补惫补濒办测补sm峁泃i, 2.37

[3]:

补艣墨迟颈产丑腻驳辞 惫峁沝诲丑颈岣� sy膩nm膩si m膩si sabandhake/ var峁嘺kram膩cchata峁� dvitricatu岣�pa帽cakam补苍测补迟丑腻// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.37

[4]:

补苍测补迟丑腻 bandhakarahite prayoge鈥�/ 惭颈迟腻办峁�a谤腻, Ibid.

[5]:

办腻苍迟腻谤补驳腻蝉迟耻 诲补艣补办补峁� s膩mudr膩 vi峁兣沘ka峁� 艣atam/ 驰腻箩帽补惫补濒办测补sm峁泃i, 2.38

[6]:

ye v峁沝dhy膩 诲丑补苍补峁� g峁沨墨tv腻诲丑颈kal膩bh膩rthamatigahana峁� pr膩峁嘺dhanavin膩艣a艣a峁卥膩sth膩na峁� pravi艣ati te 诲补艣补办补峁� 艣补迟补峁� dadyu岣�/鈥δ乨ady膩nm奴lavin膩艣asy膩pi 艣a峁卥itatv膩diti/ 惭颈迟腻办峁�a谤腻, Ibid

[7]:

诲补诲测耻谤惫腻 蝉惫补办峁泃补峁� 惫峁沝诲丑颈峁� sarve sarv膩su j膩ti峁�u/ 驰腻箩帽补惫补濒办测补sm峁泃i, 2.38

[8]:

santatistu pa艣ustr墨峁嚹佱箖 rasasy膩峁�tagu峁嚹� 辫补谤腻/ vastradh膩nyahira峁噛膩n膩峁� catustridvigu峁嚹� 辫补谤腻// Ibid., 2.39

[9]:

h墨naj膩ti峁� parik峁Ｄ�峁嘺m峁涐箛膩tha峁� karma k膩rayet/ br膩hma峁嘺stu parik峁Ｄ�峁嘺岣� 艣anird膩pyo yathodayam// Ibid., 2.43

[10]:

n膩tis膩峁僾atsar墨峁� 惫峁沝诲丑颈峁� na c膩d峁涐梗峁�膩峁� vinirharet// 肠补办谤补惫峁沝诲丑颈岣� k膩la惫峁沝诲丑颈岣� 办腻谤颈迟腻 办腻测颈办腻 ca y膩// 惭补苍耻蝉尘峁泃颈, 8.153

[11]:

办腻濒颈办腻 办腻谤颈迟腻 caiva峁� 办腻测颈办腻 ca tath膩 辫补谤腻/ 肠补办谤补惫峁沝诲丑颈艣ca 艣aste鈥檚min v峁沝dhid峁涐梗峁��� 肠补迟耻谤惫颈诲丑腻// 狈腻谤补诲补sm峁泃i, 4.1.102

[12]:

Vide, 惭颈迟腻办峁�a谤腻 on 驰腻箩帽补惫补濒办测补sm峁泃i, 2.37; 惭别诲丑腻迟颈迟丑颈 on 惭补苍耻蝉尘峁泃颈, 8.153

[13]:

狈腻谤补诲补sm峁泃i, 4.1. 104

[14]:

辫谤补辫补苍苍补峁� s膩dhayannartha峁� na v膩cyo n峁沺aterbhavet/ s膩dhyam膩no 苍峁沺补峁� gacchedda峁囜笉yo d膩pya艣ca taddhanam// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.40

[15]:

r膩j帽膩dhamar峁噄ko d膩pya岣� s腻诲丑颈t膩d诲补艣补办补峁� 艣atam/ 辫补帽肠补办补峁� ca 艣补迟补峁� d膩pya岣� pr膩pt膩rtho hyuttamar峁噄ka岣�// Ibid., 2.42

[16]:

Ibid., 2.41

[17]:

d墨yam膩na峁� tu g峁沨峁嚹乼i 辫谤补测耻办迟补峁� ya岣� svaka峁� dhanam/ madhyasthasth膩pita峁� cetsy膩dvardhate na 迟补迟补岣� param// Ibid., 2.44

[18]:

Vide., Sinha, R. K., The Transfer of Property Act, P. 385

[19]:

avibhaktai岣� ku峁璾mb膩rthe yad峁涐箛a峁� tu 办峁泃补峁� bhavet/ dadyustadrikthina岣� prete pro峁�ite v膩 kutumvini// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.45

[20]:

na yo峁�itpatiputr膩bhy膩峁� na putre峁嘺 办峁泃补峁� 辫颈迟腻/ dady膩d峁泃e kutumb膩rth膩nna 辫补迟颈岣� str墨办峁泃补峁� yath膩// Ibid., 2.46

[21]:

Kapoor, S.K., Contract-II, page96

[22]:

辫谤补迟颈辫补苍苍补峁� str墨y膩 诲别测补峁� paty膩 v膩 saha 测补迟办峁泃补尘/ svaya峁� 办峁泃补峁� v膩 yad峁涐箛a峁� n膩nyatstr墨 d膩tumarhati// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.49

[23]:

pitari pro峁�ite prete vyasan膩bhiplute鈥檖i v膩/ putrapautrair峁涐箛a峁� 诲别测补峁� nihnave s膩k峁�ibh膩vitam// Ibid., 2.50

[24]:

惭颈迟腻办峁�a谤腻, Ibid., 2.50, 51

[25]:

putraputrerti bahuvacananirde艣膩dbahahava岣� putr膩 yadi vibhakt膩岣� sv膩峁兣浤乶ur奴pe峁嘺 峁涐箛a峁� dadyu岣�/ avibhakt膩艣cetsa峁僢h奴yasamutth膩nena gu峁嘺pradh膩nabh膩vena vartam膩n膩n膩峁� pradh膩nabh奴ta v膩 dady膩diti gamyate/ Ibid., 2.50

[26]:

sur膩k膩mady奴ta办峁泃补峁� da峁囜笉a艣ulk膩va艣i峁ａ弓akam/ v峁泃h膩d膩na峁� tathaiveha putro dady膩nna pait峁沰am// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.47

[27]:

rikthagr膩ha 峁涐箛a峁� d膩pyo yo峁�idgr膩hastathaiva ca/ putro鈥檔any膩艣ritadravya岣� putrah墨nasya rikthina岣�// Ibid.,2.51

[28]:

pr膩tibh膩vya峁僴膩ma vi艣v膩s膩rtha峁� puru峁Ｄ乶tare峁嘺 saha 蝉补尘补测补岣�/ 惭颈迟腻办峁�a谤腻,Ibid.,2.53

[29]:

dar艣ane pratyaye d膩ne pr膩tibh膩vya峁� vidh墨yate/ 膩dyau tu vitathe d膩py膩vitarasya 蝉耻迟腻 api// 驰腻箩帽补惫补濒办测补sm峁泃i,2.53

[30]:

惭颈迟腻办峁�a谤腻, Ibid.

[31]:

诲补谤艣补苍补辫谤墨迟补产丑奴谤测补迟谤补 尘峁泃补岣� pr膩tyayiko鈥檖i v膩/ na tatputr膩 峁涐箛a峁� dadyurdadyurd膩n膩ya ya岣� 蝉迟丑颈迟补岣�// 驰腻箩帽补惫补濒办测补sm峁泃i,2.54

[32]:

产补丑补惫补岣� syuryadi sv膩峁兣沘irdadyu岣� pratibhuvo dhanam/ ekacch膩y膩艣rita峁�ve峁�u dhanikasya yath膩ruci// Ibid.,2.55

[33]:

pratibh奴rd膩pito yattu 辫谤补办腻艣补峁� dhanino dhanam/ dvigu峁嘺峁� pratid膩tavyam峁涐箛ikaistasya tadbhavet// Ibid.,2.56

[34]:

蝉补峁僼补迟颈岣� 蝉迟谤墨辫补艣耻峁�v别惫补 诲丑腻苍测补峁� trigu峁嘺meva ca/ 惫补蝉迟谤补峁� caturgu峁嘺峁� prokta峁� rasa艣c膩峁ａ弓agu峁嘺stath膩// Ibid.,2.57

[35]:

bhr膩t峁涐箛膩matha dampatyo岣� pitu岣� putrasya caiva hi/ pr膩tibh膩vyam峁涐箛a峁� s膩k峁�yamavibhakte na tu sm峁泃am// Ibid.,2.52

[36]:

Vide, Kapoor, S.K., Op.cit., page7, 14, 36, 38, 39

[37]:

腻诲丑颈rn膩ma g峁沨墨tasya dravyasyopari vi艣v膩s膩rthamadhamar峁噀nottamar峁噊鈥檇hikriyate 膩dh墨yata ity腻诲丑颈岣�/ 惭颈迟腻办峁�a谤腻,驰腻箩帽补惫补濒办测补sm峁泃i,2.58

[38]:

腻诲丑颈岣� 辫谤补峁嘺艣测别诲诲惫颈驳耻峁噀 dhane yadi na mok峁�yate/ k膩le k膩lak峁泃o na艣yetphalabhogyo na na艣yati// 驰腻箩帽补惫补濒办测补sm峁泃i,2.58

[39]:

Kapoor, S.K., Op.cit., pages 70,75

[40]:

Sinha, R.K., Op.cit., page 63-64

[41]:

gopy腻诲丑颈bhoge no 惫峁沝诲丑颈岣� sopak膩re a h膩pite/ na峁ａ弓o deyo vina峁ａ弓a艣ca daivar膩jak峁泃膩d峁泃e// 驰腻箩帽补惫补濒办测补sm峁泃i,2.59

[42]:

Vide, Bangia, R, K., Law of Torts, p 54, 62

[43]:

膩dhe岣� sv墨kara峁嚹乼siddh墨 rak峁�yam膩峁噊鈥檖yas膩rat膩m/ y膩ta艣cedanya 膩dheyo dhanabh膩gv膩 诲丑补苍墨 bhavet// 驰腻箩帽补惫补濒办测补sm峁泃i,2.60

[44]:

caritravendhaka办峁泃补峁� sab峁沝dhy膩 d膩payeddhanam/ satya峁僰膩ra办峁泃补峁� 诲谤补惫测补峁� drigu峁嘺峁� pratid膩payet// Ibid.,2.61

[45]:

ayam膩艣aya岣�-eva峁價奴pa峁� bandhaka峁� dvigu峁嚹玝h奴te鈥檖i dravye na na艣yati ki峁僼u dravyameva dvigu峁嘺峁� d膩tavyamiti/ 惭颈迟腻办峁�a谤腻,Ibid.

[46]:

驰腻箩帽补惫补濒办测补sm峁泃i,2.62-63

[47]:

yad膩 tu dvigu峁嚹玝h奴tam峁涐箛am膩dhau 迟补诲腻 khalu/ macya 腻诲丑颈stadutpanne pravi峁ａ弓e dvigu峁噀 dhane// Ibid.,2.64

[48]:

Vide, Sinha R. K., Op.cit., p293-369