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
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External source: Shodhganga (Repository of Indian theses)
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written Säksyädipramāṇa and others. Divya Pramāṇa should not
be considered for the above mentioned matters. If one determine
Mānuṣa Pramāṇa for considering such vyavahāra it should only
be considered. For example even after lending money to one
person, the concerned borrower denies it and if there are
witnesses, the plaintiff can trial the case with the help of
witness. If there is witnesses on the part of plaintiff, the case
will be settled.
In the case of disputes regarding way (road), even though
there are no written documents or witnesses, Anubhava Pramāṇa
should be used. This (Anubhava Pramāṇa) is more effective than
written documents, even if there is written documents which
states that he has bought the land for the way or the the road.
Apart from that, if there are witnesses, their words can be taken
into consideration and the case can be settled.
In civil law, 'Divya Pramāṇa' is not allowed in cases of
vyavahara concerned with land and quarreling. If there is no
Mānuṣa Pramāṇa in the cases of theft, taking of things by force
