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....

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Yajnavalkya Says, besides, material things there are the cases of personal bail among brothers, husband and wife, father and son etc. They can divide their own property and stand as surety for buying and selling the same. Sureties are of four types—Darsana Pratibhu, Pratyaya pratibhu, Dana pratibhu and Pratyarpana pratibhu. Pratibhu means surety ship. In a court anybody offers to produce the hidden witness, he is known as Darsanapratibhu. 'This property is well known to me, it is not cheated, it is credit worthy', is Pratyayapratibhu. Danapratibhu is one who makes it sure that "in case owner is not closing accounts, surety can close". "He should pay such amount and it will be paid by me" is made sure by Pratyarpanaprtibhu." Katyayana Says, one who had borrowed from Zamindar failed to pay back the amount, then the surety

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180 would pay off the amount and take back the mortgaged property from the zamindar; later with in 45 days surety would get back the amount from the borrower whenever he had wealth. Prajapati says, If the borrower can not pay the mortgaged amount, and the surety also cannot pay the above amount, after 45 days the borrower should repay the above mentioned amount in any way. Brihaspati says, If the borrower without paying back hides some where, the bailer has responsibility of finding out the debter and bring him out. If the person hides after taking leave from the job for 15 days, or one month or one year the concerned person should be searched out and bring back.

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