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Essay name: Vyavaharamala: a text on Indian jurisprudence

Author: P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya

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.

Chapter 5 - Vyavaharamala—General features based on text

Page:

26 (of 186)


External source: Shodhganga (Repository of Indian theses)


Download the PDF file of the original publication


Copyright (license):

Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)


Warning! Page nr. 26 has not been proofread.

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administrated the family as a dictator, the women those who
lead the independent life, drabbiness, murders etc must deserve
the punishment.
To appoint a proxy ( Puruṣānthara niyōga vidhi).
Haritha says, in vyavahāra, anybody can complain his
own problems in the court. The litigation between father and
son, or between elder brother and younger brother etc can be the
subjects in vyvahāra. If there is no time and ability to hear the
case, he can appoint a proxy in person.
Nār. says, in the case of any hindrance to plaintiff or
defendant, he can appoint another person by giving
authorization. Brh says, on the other hand, in case of theft, in the
case of murder and in the usage of liquor no proxy can be
appointed. It is imperative that the incumbent itself should be
trailed. These types of people should be provided with vehicles
to arrive at court by considering time and distance. If the
plaintiff and defendant go away by deceiving the court, any
person related to him should be kept in custody and should

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