Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
7. The filing of non-suit in the court
According the principles of the prevailing customs and Sastras of the society, if anybody was insulted, he can approach chief justice or king to explain his conditions and sorrows and the incidents would be subjected to vyavahara. Manu says the king is entitled to hear the vyavahara and is not allowed to sit idle. Chief justice has to point out the statements of plaintiff either on floor or board with the chalk at the very time itself. Later on correcting it he has to write it in palm leaves. One who submits the non-suit, the Plaintiff has to confess the matter by giving the facts or legal documents and thus explain his part in the case. Later on defendant has to be called to the court and he should be given a chance to explain his part
125 in the same. If the plaintiff and defendant are explaining false things, both of them are liable to be punished. If by deceiving the king, the plaintiff and defendant settle disputes making amiable relations among themselves and the king came to know about it both of them have to pay the double amount of the fine at the commencements of the trial. The chief justice has to enter the court and receive the non-suit with politeness and has to ask questions very slowly. The chief justice has to hear the sorrows of plaintiff and defendant, with his intuition. As mentioned above, the chief justice has to hear the sorrows of plaintiff and by calling defendant he should trial the case. In order to explain the part of plaintiff, a duel leaflet signed by the chief justice should be sent to the defendant through a Sepoy. After receiving the message defendant has to present in the court, otherwise he would be punished. The fine charged as punishment varies in accordance with the severity of crimes. for small crimes 50 Pana, for
126 medium crimes 200 Pana and for the mighty crimes 500 Pana will be charged.