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驰腻箩帽补惫补濒办测补 without enumerating the nature of the 惫测补惫补丑腻谤补辫补诲补 called 办谤墨迟腻苍耻艣补测补, expounds rules and regulations to govern the subject. The 惭颈迟腻办峁�a谤腻 quotes the definition given in the 狈腻谤补诲补蝉尘峁泃颈 to explain this title of law. The 狈腻谤补诲补蝉尘峁泃颈 describes rescission of purchase to be that title of law wherein a buyer after having purchased an article for a price repents of the purchase, made by him or does not approve of it.^[1] 驰腻箩帽补惫补濒办测补 lays down different time-period for rescission of different commodities. The 惭补苍耻蝉尘峁泃颈 prescribes a general time limit of ten days to return or take back the chattel regarding which a person repents after buying or selling.^[2]

驰腻箩帽补惫补濒办测补 is more specific than Manu while allotting the time of approval after an article has been brought. He allows ten days鈥� time for the examination and return of seeds, in case of iron or metal, the time is limited to one day. The stipulated time adopted for examination and approval of beasts of burden, jewels, female slave, milch cattle and male slave is five days, one week, one month, three days and half month respectively.^[3] Thereafter, the author prescribes the rule to examine the various kinds of metal such as gold, silver, etc. Generally, these metals are given to artisans for preparing ornaments, utensils, etc. The law provides the usual amount of loss that is acceptable in melting different metals. 驰腻箩帽补惫补濒办测补 states that fire causes no deterioration to gold. In case of silver, tin, lead, copper and iron, the depreciation suffered in weighing a quantity of per hundred palas are respectively two palas, eight palas, eight palas, five palas, and ten palas.^[4]

The 惭颈迟腻办峁�a谤腻 illustrates that, as gold is not reduced even after being heated in fire, so, as much gold a goldsmith takes for making ornaments, etc., that much gold by weight must be returned to the purchaser. Otherwise, they will be under obligation to compensate the loss and also has to undergo the punishment.^[5] In case of cloth made from woolen and cotton yarns of rough quality, an increase of ten palas in a hundred palas is legally approved. In case of cloth prepared from same thread of middling quality and of fine quality, the increase is accepted respectively as five and ten palas in a hundred palas.^[6] Besides setting up the special rule of reduction, and increase for some of the articles, 驰腻箩帽补惫补濒办测补 propounds a prudent rule of general application to determine the quality of manufactured articles and the liabilities of the artisans towards it. According to him, if the artisan causes any deterioration, then he is bound to pay the amount of compensation, determined by experts, after taking into consideration the time, place, use and the intrinsic value of the strength and weakness of the article.^[7] Thus, it may be noticed that 驰腻箩帽补惫补濒办测补 was well aware and conscious about the exploitation of consumers at the hands of fraudulent sellers and, therefore, safeguarded their interests through legal provisions.

There are many provisions in modern law, the purpose of which is similar to that of the laws enumerated by 驰腻箩帽补惫补濒办测补, under the title rescission of purchase. Some of the provisions may be mentioned here, which share similar import with the laws of 驰腻箩帽补惫补濒办测补 on this subject. For example, Section 15 of the Sale and Goods Act incorporates the principle that in case of sale by description the goods must correspond to it.

Section 17(2) of the same Act imposes certain implied conditions in case of a contract of sale by sample that the bulk shall correspond with the sample, buyers shall get reasonable opportunity for comparing it and the goods shall be free from any defect rendering them unmerchantable.

Section 16 (1) lays down that when buyers expressly or by implication makes known to the seller the purpose for which it is required, he relies on the seller鈥檚 skill or judgment and the goods are of a description which is in the course of seller鈥檚 business to supply, and there is an implied condition that the goods shall be fit for that purpose.

Moreover, Section 16 (2) states where goods are brought by description from a seller, who deals in goods of that description, and then it is considered that there is implied condition that the goods shall be of merchantable quality.^[8] At present, the Consumer Protection Act, 1886, as amended by the Consumer Protection (Amendment) Act, 2002, also provides redress to a consumer when the goods purchased are defective or the services are subject to some deficiency.^[9]

Footnotes and references:

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[1]:

kr墨tv膩 m奴lyena ya岣� 辫补峁噛补峁� kret膩 na bahu manyate/ 办谤墨迟腻苍耻艣补测补 ityetadviv膩dapadamucyate// 狈腻谤补诲补蝉尘峁泃颈, 4.9. 1

[2]:

惭补苍耻蝉尘峁泃颈, 8.222

[3]:

da艣aika辫补帽肠补sapt膩ham膩satyarh膩rdham膩sikam/ b墨j膩yov膩hyaratnastr墨dohyapu峁僺膩峁� par墨k峁�a峁嘺m// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.177

[4]:

agnau suvar峁嘺mak峁Ｄ�峁嘺峁� rajate dvipala峁� 艣ate/ a峁ａ弓au trapu峁噄 s墨se ca t膩mre 辫补帽肠补 da艣膩yasi// Ibid.,2.178

[5]:

vahnau prat膩pyam膩na峁� 蝉耻惫补谤峁嘺峁� na k峁Ｄ珁ate/ ata岣� ka峁璦k膩dinirm膩峁嚹乺tha峁� y膩vatsvar峁嘺k膩rahaste 辫谤补办峁�i辫迟补峁� t膩vattulita峁� tai岣� pratyarpa峁嚹珁am/ itarth膩 办峁�a测补峁� d膩py膩 da峁囜笉y膩艣ca/ 惭颈迟腻办峁�a谤腻,Ibid.

[6]:

艣ate da艣apal膩 v峁沝dhiraur峁噀 k膩rp膩sasautrike/ madhye 辫补帽肠补pal膩 惫峁沝诲丑颈岣� s奴k峁�me tu tripal膩 尘补迟腻// 驰腻箩帽补惫补濒办测补sm峁泃i,2.179

[7]:

诲别艣补峁� 办腻濒补峁� ca 产丑辞驳补峁� ca j帽膩tv膩 na峁ａ弓e bal膩balam/ dravy膩峁嚹佱箖 办耻艣补濒腻 br奴yuryattadd膩pyamasa峁兣沘yam// Ibid.,2.181

[8]:

Kapoor, S.K., Op.cit., pages 22-29

[9]:

Vide, Bangia, R.K., Op.cit., pages 607-608