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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:

62 (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. 62 has not been proofread.

166
Yāj Says, if the things and documents used for pledge
and deposits should not be given in the hands of women,
children or the person having no reasoning. They are not eligible
for keeping such things. If one person is enjoying the property
without reason and files dispute against owner, the concerned
person willnot have victory or success in vyavahāra in the court.
Viccinna bhōga nirṇaya.
The vyavahāra should be determined on the basis of
written documents and witness, if argument arises in the matter
of ownership of the land and house enjoyed by a person. As
mentioned above if the enjoyment of the property and its owner
ship was hindered due to some reason, the name, month, number
and the reason for the hindrance etc should be pointed out after
checking pramāṇa and trailing witness the matter should be
determined. It should be based on Dharma.
Kōśapānādi vidhi. ( True judgement).
If the witness dies before the completion of vyavahāra or
they had gone abroad the words of other witnesses should be

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