व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

INDEX OF CASES XIX
Radhe Lal v. Bhawani Ram 150n 3
Raghunathji v. Bank of Bombay 8n 2, 210n
2, 220n 3
Rahi v Govind 97n 1 and 2, 98n 1, 265n 2.
Raja Jogendra Bhupati v Nityanund 98n 1
,, Mukund v. Shri Jagannath 119n 2
Rajah Venkatappa v Ranga Rao 116n 2.
Rajaninath v Nitai 97n 3, 99n
Rajeppa v Gangappa 164n 1, 165n
Ramangouda v Shivaji 127n 1.
Ramappa v. Sithammal 150n 1
Rama Row v. Kuttiya 169n 3.
Rama Sia v Bua 161 n1,
Ramchandra v Vinayak 160n, 164 n1
Ramcharan v. Rahim 169n 3
Ramdas v Baldevdas 167n 2
Ramji v Ghamau 118n 1
Ram Kali v. Gopal Devi 184n 1
Ramnath v. Durga 157n 1.
Ram Pergash v Musammat Dahan Bibi
191n 8.
Ranchod v Ajoobai 192n 2

XX VYAVAHĀRAMAYŪKHA
Vedachala v Subramania 165 n
Vedammal v Vedanayaga 187 n1.
Vellaiyappa v Natarajan 93 n1.
Venilal v Parjaram 162 n.
Venkaraddi v Hanmanta 180 n2.
Venkata v Subhadra 110 n2.
Venkata Ram Rau v Venkata Surya Rau
180 n4.
Venkata Subba Rao v Purushottam 192 n
Venku v Mahalinga 108 n2.
Vijiarangam v Lakshman 186 n2.
Viraragava v Ramlinga 120 n.
Viraswami v Appasvami 220 n1.
Visalatchi v Annasami 185 n2.
Vishnu v Manjamma 153 n2.
Viswasundar v Somasundara 113 n 117 n1
Vithabal v Pandu 69 n1
Vithalrao v Ramrao 163 n1
Vithappa v Savitri 155 n2.
Vithoba v Bapu 116 n2.
Vrandavandas v Yamuna 152 n2
Vyas Chimanlal v Vyas Ramchandra 107 n5,
111 n4 113 n, 182 n1
Walbai v Heerbai 113 n.
Waman v Krishnaji 111 n1
Yadao v Namdeo 118 n1
Yamunabai v Manubai 86 n1
Yeshvadabai v Ramchandra 119 n1
Yeshvantrao v Kashibai 152 n2, 208 n2.
8 Moo. I. A. 29 1 2n 1
8 Moo. I. A. 500 153n 1 166n 3.
11 Moo. I. A. 487 152n 177n 1.
12 Moo. I. A. 397 116n 2.
12 Moo. I. A. 448 161n 1
1 I. A. 71 78 6.
1 I. A. 163 103n 1
4 I. A. 109 13n 2.
5 I. A. 1 17n 178 n 1
5 I. A. 40 190n 1
6 I. A. 15 146n 2.
6 I. A. 88 216n 1
7 I. A. 21 116n 2.
7 I. A. 115 143n 2.
7 I. A. 181 80n 1.
7 I. A. 212 111n 1 160n.
8 I. A. 229 110n 2
8 I. A. 229 123 1
10 I. A. 134 183n 1
10 I. A. 148 115
17 I. A. 104 94 1
23 I. A. 83 104n 2, 161 1
26 I. A. 71 235n 1
26 I. A. 113 111n 4 113n.
29 I. A. 70 15

INDEX OF CASES XVI
10 Bom H C R 441 75n 2
10 Bom H C R 491 235n 1
12 Bom H C R 229 152n 2
12 Bom H C R 362 111n 4
1 Bom L R 144 107n 5, 111n 2
1 Bom L R 551 201n 2
1 Bom L R 571 191n 1
1 Bom L R 770 130n 1
1 Bom L R 842 104n 1
2 Bom L R 163 111n 1
2 Bom L R 151 249n 1
2 Bom L R 478 80n 9
3 Bom L R 73 120n 1
3 Bom L R 201 183n
[

XXII VYAVAHĀRAMAYŪKHA
2 Bom 9 180 n1
2 Bom. 67 221 n3.
2 Bom. 299 21 n2, 27 n5, 201 n
2 Bom. 377 116 n2.
2 Bom. 388 111 n1, 121 n2, 150 n2, 151 n1,
160 n, 161 n, 161 n1.
2 Bom 494 94 n2, 153 n2, 154 n1, 168 n4,
180 n1, 218 n2.
2 Bom. 578 94 n1 and 2, 152 n2, 154 n1.
3 Bom. 7 24 n1.
3 Bom 181 201 n2.
3 Bom. 273 112 n
3 Bom. 353 162n.
4 Bom 37 98 n1.
4 Bom 104 155 n2, 156 n2
4 Bom 188 167 n1, 102 n, 176 n1.
4 Bom. 210 102 n.
4 Bom 462 151 n2.
4 Bom. 545 106 n2, 208 n2.
5 Bom 38 78 n5.
5 Bom. 58 80 n3.
5 Bom 99 27 n4.
5 Bom. 110 111 n2, 160 n.
5 Bom. 204 162 n.
5 Bom. 322 78 n6
5 Bom 563 151 n2.
5 Bom. 597 160 n 164 n1.
5 Bom 660 155 n2.
6 Bom. 662 160 n.
6 Bom 24 235 n1
6 Bom 85 155 n2.
6 Bom. 225 135 n2.
6 Bom. 478 220 n4
6 Bom 496 118 n1.
6 Bom. 541 157 n1.
6 Bom 546 25 n1 78 n6
6 Bom. 616 100 n2.
7 Bom. 84 150 n3, 152 n2, 197 n1
7 Bom 155 151 n2, 180 n4.
7 Bom 221 107 n5.
7 Bom 491 181 n.
9 Bom 91 160 n.
9 Bom. 108 153 n2.
10 Bom 80 120 n.
10 Bom 149 8 n6.
10 Bom. 363 93 n3.
10 Bom. 372 163 n2.
10 Bom. 528 8 n5, 80 n3, 97 n2.
11 Bom. 285 152 n1, 155 n2, 180 n5, 180 n2
187 n2.
11 Bom. 320 152 n1
11 Bom 381 115 n2.
11 Bom 573 180 n4
12 Bom. 25 168 n2.
12 Bom. 26 152 n2
12 Bom. 105 109 n3.
12 Bom. 329 109 n3.
12 Bom 505 187 n2.
13 Bom. 690 108 n2.
14 Bom. 1 155 n3.
14 Bom 90 108 n2.
14 Bom 249 111 n4.
14 Bom 282 98 n1.
14 Bom. 482 235 n1.
14 Bom. 605 157 n1.
14 Bom. 612 187 n2.
15 Bom. 32 135 n2.
15 Bom. 110 116 n2, 117 n1.
16 Bom 29 78 n5, 87 n4.
16 Bom 716 163 n1
17 Bom. 100 116 n 4
17 Bom. 114 158n, 188n 1, 190n
17 Bom 271 91n 4, 94n 2.
17 Bom. 303 95n 1.
17 Bom 351 235n 1.
17 Bom 486 235n 1.
17 Bom 600 151n 2.
17 Bom. 758 186n 2, 187n 2, 188n 1.
18 Bom 197 142n 2.
19 Bom 428 111n 4 120n 1
19 Bom 681 168n 3.
20 Bom 173 162n.
20 Bom 611 902n 1.
20 Bom 721 201n 2.
21 Bom. 105 190n 1.
21 Bom. 333 148n 8.
22 Bom 101 93n 2.
23 Bom 73 141n 3.
23 Bom. 141n 3.
23 Bom. 229 155n 3, 161n 3.
23 Bom 247 98n 1
23 Bom. 291 15n 1
23 Bom. 327 118n 1
23 Bom. 454 207n 2.
23 Bom. 603 86n 1
23 Bom 630 100n 3
23 Bom 725 235n 1.
24 Bom 89 101n 1
24 Bom 102 191n 1
24 Bom 305 201n 1 211n 1
24 Bom 317 165n 1.
24 Bom 367 101n 1, 130n 2, 107n 5 111n 4
192n 1
24 Bom. 473 113n
24 Bom 547 80n 3.
24 Bom 563 158n

INDEX OF CASES
XXIII
25 Bom 537 120n 1
25 Bom 557 101n 1
26 Bom 163 158n
26 Bom 710 165n
27 Bom 75 116n 3
27 Bom 610 162n
28 Bom 408 207n 3
28 Bom 453 151n 2, 163n 3
29 Bom 57 80n 3
29 Bom 91 157n 1
29 Bom 316 151n 1
30 Bom 197 187n 3, 189n 1
30 Bom 229 180n 3
30 Bom 333 177n
30 Bom 431 111n 1,

VYAVAHARAMAYUKHA
365 107n 5.
587 120n 1.
550 157n 2.
148 216n 1.
119 84n 1, 164n 1
256 104n.
649 24n 2.
725 162n.
Cal. 825 108n.
Cal. 848 180n 2.
Cal. 31 99n.
Cal. 483 177n.
Cal. 194 99n.
Cal. 821 183n.
Cal. 955 115n 5.
Cal. 190 87n 4.
Cal. 1005 94n 2.
2 Cal 261 189n 2.
7 Cal 128 235n 1
7 Cal. 868 189n 2.
39 Cal. 819 188n 1 191n 1.
39 Cal. 848 207n 2.
39 Cal. 802 217n 1.
40 Cal 82 199n 2
40 Cal 680 183n.
41 Cal 870 177n.
42 Cal. 384 164n 1.
43 Cal. 1081 86n 2.
45 Cal 17 192n.
45 Cal. 666 185n 2.
48 Cal. 648 37n 8, 99n, 268n 2
50 Cal 266 78n 6.
50 Cal. 601 192n 2
55 Cal. 1153 165n.
56 Cal 1135 192n.
1 Mad H C. R. 85 180n 3
1 Mad. H. C. R. 372 177n 1
1 Mad. H. C. R. 375 220n 1
2 Mad. H. C. R. 135n 2.
5 Mad. H. C. R. 135n —
7 Mad H C. R. 250 118n.
57 M. L. J 820 102n 1,
1 Mad. 252 135n 2.
1 Mad. 281 180n 4
2 Mad. 317 89n 1
2 Mad. 182 150n
4 Mad. 1 86n 1 181n 1 and 2.
5 Mad. 362 95n 1.
5 Mad. 140 155n 2, 157n 1.
6 Mad 20 110n 2.
7 Mad. 407 97n 3.
7 Mad 548 110n 2
8 Mad. 290 101n 2.
9 Mad. 44 111n 1 118n.
9 Mad. 64 122n 1
9 Mad. 186 29n 1.
9 Mad 148 120n.
11 Mad. 5 110n 2.
11 Mad. 167 120n.
11 Mad. 393 106n 2.
12 Mad. 214 106n 2.
13 Mad. 10 165n.
13 Mad. 214 110n 2
16 Mad. 23 165n.
18 Mad. 179 87n 4
19 Mad. 405 168n 8, 169n.
20 Mad. 75 101n 1
20 Mad. 207 150n 2.
22 Mad 398 111n 4 116n 1.
24 Mad. 220 106n 2.
25 Mad. 429 99n
26 Mad. 183 132n.
26 Mad. 500 121n 3.
27 Mad. 13 99n
27 Mad. 71 217n 1.
27 Mad. 206 102n 1.
28 Mad. 1 177n.
28 Mad 377 207n 2.
29 Mad. 43 121n 2.
30 Mad. 340 142n 2, 235n 1.
30 Mad. 406 165n.
31 Mad. 100 157n 1.
31 Mad. 161 217n 1.
31 Mad. 310 103n 1
31 Mad. 512 189n 1.
33 Mad. 165 168n 5.
33 Mad. 245 98n 1
33 Mad. 489 164n 1
34 Mad. 277 99n
34 Mad. 422 101n 1.
35 Mad. 152 150n 1.
36 Mad 116 188n 1
37 Mad. 273 101n 1
37 Mad. 456 21 n 1.
38 Mad 45 191n 1.
38 Mad. 144 155n 1.
38 Mad. 566 101n 1
38 Mad. 1036 179n 2.
39 Mad. 156 98n 1.
39 Mad. 159 86n 2.
39 Mad. 298 180n 2.
39 Mad. 567 107n 1
39 Mad 608 151n 2.
39 Mad. 772 116n 2.
40 Mad. 611 102n 1

INDEX OF CASES XXV
40 Mad 651 163n 2
10 Mad 816 193n 2
41 Mad 146 215n 3.
41 Mad 1073 206n 3
42 Mad 711 215n 1 and 3
43 Mad 4 192n 1, n 2.
43 Mad 32 190n, 191n 1.
43 Mad 398 116n 4.
43 Mad 164 192n
43 Mad 876 113n, 117n 1
44 Mad. 114 164n 1.
44 Mad. 121 165n
44 Mad 656 116n 4
44 Mad 753 165n
45 Mad

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SYNOPSIS OF TRANSLATION
Introduction and Judicial Procedure ... . 1-22
Introductory verses . ... 1-2
Definition of vyavahāra ... ... ... 2
Eighteen vyavahārapadas (titles of law) ... 2
Sabhā (hall of justice) ... . 3
Members of the hall of justice . 4-5
Prāḍvivāka (judge), qualifications of . 4-5
Other tribunals than the royal court of justice ... 5-6
Time of holding court of justice . 6
Conflict between dharmaśāstra and arthaśāstra ... 6
Conflict between two smṛti texts ... 6-7
Varying usages of several countries ... ... 7
Mode of questioning complainant . ... 8
Arrest or restraint of defendant ... 8-9
What persons should not be arrested as defendants ... 9
Who are not to be summoned to attend personally ... 9-10
Fines for not complying with summons ... 10
Agents of parties to causes ... ... 11
Contents of a proper plaint . ... 12
Amendment of plaint . ... 13
Defective plaints described ... ... 13-14
Defendant's reply, varieties of ... ... 14-15
Reply of special plea ... . . 14-15
Reply of res judicata .. ... . 15
Faulty reply of defendant ... ... 15
Burden of proof in different replies ... ... 16-17
Who is to begin .. 17
Four stages of judicial procedure ... ... 17-18
Change of pleading ... ... ... 18
Sureties for parties ... ... ... 19
Who cannot be sureties . ... 19-20
Indications of a false party or witness ... 20
Means of proof, documents, witnesses and possession 20-22
Human and divine proof ... ... 21-22
Documents .. ... ... ... 22-27
Three kinds of documents ... 22
Seven kinds of popular documents ... ... 23
Royal documents . ... ... 25
Possession . . ... 27-30
Witnesses . ... . ... 31-41

XXVIII VYAVAHĀRAMAYŪKHA
Qualifications of witnesses 31
Who cannot be witnesses 33 34
Pointing out the faults of witnesses 34 36
Means of ascertaining false witnesses 37
Mode of swearing witnesses 39
Ordeals 41 75
Kinds of ordeals 41
What ordeals are appropriate in which matter 42 43
Persons fit to undergo various ordeals 44 45
Agents for undergoing ordeals .. 46
Time for ordeals 46 47
Place for ordeals .. 47
Rites common to all ordeals 48 50
Balance ordeal - 50 60
Fire ordeal - 60 65
Water ordeal 66 69
Poison ordeal 69 70
Kośa ordeal 70 71
Rice ordeal - 71 72
Ordeal of heated mass of gold 72 73
Ploughshare ordeal 73
Ordeal of image or picture of dharma - 73 75
Oaths 75 76
Determination of heritage 77 86
Discussion about ownership 77 85
Whether ownership is by birth 78 81
Dāya, meaning of .. 85 86
Sapratibandha and apratibandha dāya 86
Partition ... 86 102
Time of partition 86 89
Shares on partition .... 89 92
Mother's share on partition 93
Rule of division per stirpes 94 95
Sons of wives of different castes 96-98
Share of śūdra's illegitimate son 99
Share of son born after partition 99 101
Provision for marriages of brothers and sisters 101 102
Sons, principal and secondary 103 104
Adoption 104 133
Definition of dattaka - 104 105
Adoption of eldest son 107 108
Girl cannot be adopted 108 109
Mode of adopting a son 109 114
Śūdras and women can adopt 114 115

SYNOPSIS OF TRANSLATION xxix
Permission for women to adopt ... ... 117-118
Dattaka of two kinds ... .... 120-129
Dvyāmuṣyāyaṇa son .. ... 124-126
Sapinda relationship of kevala dattaka .. 129-131
Rites of adoption . .. . 131-133
Partition .. . . ... 143 ff
Partition of debts . . . . .. 34-1351
Impartible property ... ... .. 135-143
Self acquisition . ... 136
Gains of learning . . 136-138
Property impartible by nature . . 139-142
Indications of partition ... . 144
Religious duties of coparceners . . . 144-149
Sapratibandha Dāya ... ... 150-167
Order of succession to sonless man .. 150
Widow as heir ... ... 150-155
Daughters as heirs . ... 155-156
Daughter's son as heir . 156
Father as heir ... ... ... 156
Mother as heir ... . ... 156-157
Full brother and his son ... ... 157-158
Gotrajas as heirs ... ... ... 159-163
Grandmother ... ... : 161
Sister as gotraja ... ... 161
Paternal grandfather and other gotraja heirs ... 162-163
Samānodakas 163
Bandhus as heirs . . . 163-166
Strangers as heirs . 164
King as ultimate heir . .. 164
Heirs of ascetics . . . 165
Re-union . . . 168-176
Who can re-unite .. . 168
Partition among re-united members 169
Succession to re-united member . . 169-176
Strīdhana 176-191
Kinds of strīdhana . . 176-178
Saudāyika explained . . 180
Dominion over strīdhana .. 181-182
Heirs to strīdhana . .. 182ff
Yautaka strīdhana . .. 184
Approved and unapproved forms of marriage 187
Heirs to a maiden 191
Exclusion from inheritance 191-197
Recovery of debts . 197-221

XXX VYAVAHĀRAMAYUKHA
Rates of interest allowed 198 202
When no interest allowed 199
Maximum interest allowed 200
Rule of damdupat 202 202
Pledge 201 206
Sureties 206 209
Methods of recovering debts 209 213
Evil results of not paying a debt 214
Who are liable to pay another's debts 214 221
Descendant's liability to pay ancestor's debts 215 219
Deposit 222 225
Sale without ownership 225 229
Joint undertakings or partnerships 229 231
Resumption of gifts 231 235
Breach of contract of service 235 239
Kinds of slaves 236 238
Non-payment of wages 239 241
Transgression of conventions 241 243
Rescission of purchase 243 244
Non-delivery of sold chattel 244 245
Dispute between master and herdsman 245 247
Boundary disputes 247 251
Abuse 251 253
Assault 253 255
Theft and robbery 255 259
Heinous offences 260 265
Who is an ātatāyin 261 263
Whether an ātatāyī brāhmaṇa could be killed 261 263
Adultery 265-270
Duties of husband and wife 270 271
Gambling and prize-fighting 271 272
Miscellaneous matters 272 275

ERRATA
N B — A few obvious misprints have not been given here.
18 n1 read ' pas'ustribhyo ' for ' pas'ustryo '
36 ll 26-27 read ' that (for not pointing out of the faults earlier) for
' that for not pointing out the faults earlier '
58 lines 1 and 16 read 18 for 19
94 n2 read 2 Bom. 191 for 2 Bom 401
97 n1 read ' anuloma ' for ' pratiloma '
175 l 10 read ' since from another text ' for ' since another text '
183 n read ' p. 119 n1 ' for ' p 719 n1 '
199 n read ' Sundaram v. Ramsamia '
212 n2 read ' Yāj. II 11. ' for ' Yāj. II. 12 '

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THE
VYAVAHĀRAMAYŪKHA
Composed by
BHATTA NĪLAKANTHA
1 Having spoken of the ways of royal policy and fittingly bowed to the
lotus-like feet of the refulgent (Sun), Nīlakantha composes a little (work) on
the disposal (decision) of vyavahāra (judicial proceedings)
2 I contemplate my revered (father) S'aṅkara, the only leader among
the best of Brāhmanas, who looked after the religious practices (of the peo-
ple), who was endowed with happiness, who was the teacher of all in Kās'ī
(Benares)
3 That highest Person, who appeared in two forms in this world for
propounding two conflicting paths (systems), has here (now) accepted the
non-difference of (the views of the two) Mīmāmsakas, (being born) in one
form as Bhatta S'aṅkara
4 There are certain (doctrines) here which are accepted by some who
lead (people) astray; I have discarded them as they are baseless On account
of this (discarding) there is no deficiency of treatment in this (work), wor-
ship does not become deficient by the absence of the flower of the sky
V 1 'Having spoken policy'—This refers to the composition of the Nītimayūkha,
which immediately preceded that of the Vyavahāramayūkha
V 2 This verse also applies to god S'aṅkara by means of Śleṣa (Paronomasia) The
words द्विजराज, वृष, शिवान्वित are paronomastic The verse (with S'aṅkara) means 'I contem-
plate (the god) S'aṅkara, who has the moon as the only thing (by way of decoration) on his head
who is the lord of the Bull, who is accompanied by Pārvatī (called S'ivā), who is the inspirer
of all in Kās'ī and who is an object of worship'. S'iva is the presiding deity of Benares
V 3 For detailed explanation of this verse, vide notes to V M pp 1—3 The two
Mīmāmsakas are Prabhākara and Kumārila Nīlakantha claims that his father explained
away the differences between the views of Prabhākara and Kumārila Mandlik's explanation
that the first half of the verse refers to S'ankara and Kumārila and that the latter half says that
S'aṅkarabhatta accepted the identity of the human soul with the divine essence propounded
by Vyāsa is far-fetched and wrong The doctrine of advaita was not propounded by
Mīmāmsakas properly so called and Vyāsa and his school are hardly ever designated
Mīmāmsakas.
V 4. Khapuspa (sky—flower) is a symbol of what is absolutely non existent Vide
notes to V. M. p. 3 for khapuspa.

2 VYAVAHĀRAMAYŪKHA [S. I. 1 1-4
[M. p. 1 l. 20-p. 2 l. 20
Vyavahāra is an action or operation that facilitates the exposure of
the wrong that is not known (at the time when the
Definition of operation begins as belonging to one) and that pertains
Vyavahāra to one out of the several persons that have a dispute
(about it), or it is an operation in which the plaintiff
and the defendant are the agents, in which possession, witnesses and (other)
means of proof are applicable (according to circumstances) and which helps the
establishment (of truth) in the midst of conflicting alternatives. Accord-
ing to the Madanaratna in the case of a reply of confession¹ (to the claim
of the plaintiff) the term vyavahāra is applied (only) in a secondary sense.
The latter part² (of the above definition) serves the purpose of excluding
(from the denotation of vyavahāra) vāda, vitaṇḍā and the like.
Now (as to) the titles of Vyavahāra. Now (as to) its divisions, Yājñava-
lkya says (2. 5)
If one invaded by others in a way that is in conflict with the smṛtis
and established usage complains to the king, that becomes a subject of
vyavahāra.
The word ādharṣitaḥ means ill-treated, despised.
Manu (8. 4-7) speaks of eighteen divisions of the subjects of vyavahāra.
Of them the first is (1) the non-payment of debts, (then) (2) deposit,
(3) sale by one who is not the owner, (4) partnership, (5) resumption of
gifts, (6) non-payment of wages, (7) breach of compacts or conventions, (8)
rescission of purchase and sale, (9) dispute between master and herdsman,
(10) rules about boundary disputes, (11, 12) harshness of bodily injury and
speech (i.e. assault and defamation), (13) theft, (14) violent offences,
(15) adultery, (16) duties of husband and wife, (17) partition, (18)
gambling and prize-fighting. These are the eighteen subjects here in the
sphere of vyavahāra.
'Anapākarma' means not giving. 'Anuśayaḥ' means repentance (i.e.
rescission). Dyūtam means playing by means of inanimate objects (like
dice), (while) samāhvaya means gaming by means of animate objects. In this
(above) passage adultery and harshness of speech and assault are separately

1. Reply of confession.—When a plaintiff lodged his complaint, the defendant had to
   give a reply which was of four kinds, viz. a total denial (mithyā), a confession or admission
   of plaintiff's claim (saṁpratipatti), a plea of cause (i.e. accepting the whole or part of the
   plaintiff's averments and meeting them with a counter-cause), a plea of res judicata (prāṅ-
   nyāya). When the defendant admits plaintiff's claim, there is no necessity to employ means
   of proof and to establish the truth by reasoning. Hence the definition of vyavahāra in
   which the plaintiff ... alternatives cannot primarily apply to such a proceeding.
2. The latter part, i.e., the words 'in which possession ... alternatives'. For
   explanation of vāda and vitaṇḍā vide notes to V. M. pp. 4–5. These are technical terms in
   Nyāya. In both there are disputants, but in vāda the pramāṇas are pratyakṣa, anumāna
   &c. and not possession &c. In vitaṇḍā (mere cavilling) there is no attempt to find out the
   truth, but there is simply a desire to ridicule and vanquish one's opponent.
   P. 2 (text)

S. I. 1. 4-6 TITLES OF LAW 3
M. p 2 l 20-p 3 l 15 ]
mentioned (from sāhasa) according to the maxim of the cattle and the bull¹,
though they are (mere) varieties of sāhasa according to the dictum of
Bṛhaspati ( p 359 v 1):
Sāhasa is of four kinds, viz killing a man, robbery, intercourse with
another's wife and harshness of two kinds
The nature of these eighteen (divisions) will be explained later on.
Now the summary of the fundamentals² of vyavahāra (judicial procedure).
Bṛhaspati ( p 279 v 18 ) says :
(The king) should construct a separate building in his fort, with water
and trees near it, ( and ) on the eastern side of it he should prepare the
court-room, facing the east and possessed of all the good characteristics (of
a sabhā).

• The same (i e sabhā) is (styled) dharmādhikaraṇa (hall of justice),
  as the text of Kātyāyana says
  That place, where the sifting of truth and falsehood after deliberation
  in accordance with dharmaś'āstra (the science of law) is authoritatively
  made is the dharmādhikaraṇa ( the hall of justice )
  Manu ( 8 1--2 ) says ;
  The king desirous of investigating judicial proceedings should enter the
  sabhā ( court ), being well-mannered and wearing a dress and ornaments
  befitting good breeding, along with ministers well-versed in state policy and
  with brāhmaṇas, ( and ) should look into the causes of the litigants.
  Yājñavalkya ( 2 1 ) says :
  The king, being free from anger and avarice, should investigate judicial
  proceedings along with learned brāhmaṇas in conformity with dharma-
  s'āstra
  ( The word ) ' nṛpaḥ ' ( means ) any one whatever ( of any caste )
  having authority to protect the subjects and not merely a ksatriya ( a
  man of the warrior caste ) Kātyāyana ( says )
  The king who looks into ( the judicial proceedings ) together with the
  judge, the councillors, the brāhmaṇas, the family priest and the sabhyas
  ( assessors, respectable men ) reaches heaven on account of ( his having
  followed ) dharma ( the dictates of righteousness )

1. ' The maxim of the cattle and the bull ' — For detailed explanation vide notes to
   V. M. p 6 When a man says ' let cattle be brought and bulls also ', this mode of expression
   is employed to draw special attention to the intractability of bulls, though the latter are
   included in the generic term ' cattle ' So robbery and adultery are separately mentioned
   apart from sāhasa by Manu, though they are varieties of sāhasa, in order to draw special
   attention to these important heads of vyavahāra.
2. The word mātṛkā means ' fundamentals, basis '. Jīmūtavāhana's work dealing with
   general rules of procedure and the means of proof is styled Vyavahāramātṛkā.

• P 8 (text)

4 ] VYAVAHĀRAMAYŪKHA [ S I 1 6-3
[ M p 3 l 15-p. 4 l. 0
In this passage (the word) brāhmaṇa (means) one who is not
appointed (as a member of the court to decide causes) while sabhyas
(assessors) are those who are appointed (by the king to decide causes)
And to the same effect it has been said (Nārada p. 36 v 2)
One who knows dharma, whether appointed or not must speak out
(what the decision should be¹)
Bṛhaspati (278 v 12) declares the definition of (prāḍvivāka) a judge —
He who in a controversy asks questions and also cross-questions and
who is the first to speak (to a litigant) in a sweet manner is therefore
known as prāḍvivāka

• Vyāsa declares the definition of amātya (councillor)
  The king should appoint as amātya a person of the regenerate classes who
  knows all the śāstras who is not avaricious, who utters what is just who
  is a brāhmaṇa who is wise and to whom the office comes hereditarily
  In this passage the word dvija (a man of the regenerate classes) is used
  again (even after the word vipra a brāhmaṇa) for the purpose of including
  a kṣatriya or a vaiśya (for appointment as minister²) in the absence of a
  brāhmaṇa To the same effect (18) Kātyāyana
  Where there is no learned brāhmaṇa, (the king) should appoint a
  kṣatriya or a vaiśya who is proficient in dharmaśāstra (but he) should
  carefully exclude a śūdra
  And Yājñavalkya (2-2) says as regards sabhyas (members of the court)
  The king should appoint as members of the sabhā (court of justice)
  those who are endowed with Vedic learning who are learned in dharma
  (law) who speak the truth who do equal (justice) to friend and foe
  As regards their number Bṛhaspati (p 278 v 11) says
  That sabhā (court) where are seated seven five or even three brāhmaṇas
  who are conversant with worldly affairs and who are learned in the Vedas
  and in dharma (law) resembles (in holiness) a yajña (sacrifice)
  The same author (p 279 v 14) says
  The king should appoint as gaṇaka (accountant) and lekhaka (scribe)
  two persons who are versed in the principles of grammar (śabda) and
  lexicography (abhidhāna) who are proficient in reckoning (casting figures)
  who are pure and who are acquainted with various alphabets
  1 On the words 'appointed and sabhya vide notes to V M. pp. 10-11
  2 Bṛhaspati, as quoted in the Vyavahāramātṛkā of Jīmūtavāhana says In a sacrifice
  is honoured Viṣṇu while in vyavahāra the king (is honoured) there (in sacrifice) the
  sacrificer is the successful (party) and the animal (sacrificed) is the vanquished party
  (as in a litigation) the plaint and the reply are the clarified butter and the conclusion is
  (havis) the offering the Śāstra (dharmaśāstra) is the Veda and the sabhyas are the sacrificial
  priests who receive dakṣiṇā (payment for acting as adjudicators)
  P 4 (text)

S. 1. 1. 9-10
V. p. 1 ll. 6-32 ] MEMBERS OF COURT 5
'Śabda' means the science of words (i. e. grammar); 'abhidhāna'
(means) a lexicon. Kātyāyana says:
There merchants should be appointed to listen (to the evidence) and
to decide what is just.
'Tatra' (means) 'in the court'. Bṛhaspati (p. 279 v. 15) says:
(The king) should appoint his own truthful man (servant) who will be
subject to the control of the sabhyas for summoning and looking after the
witnesses, the plaintiff and the defendant.

• This (officer) should be a śūdra. To the same effect is Vyāsa:
  The king should appoint as sādhyapāla a strongly built śūdra, who
  helps (in arriving at) the truth (by summoning witnesses &c.), who holds the
  post hereditarily and who acts under the orders of the sabhyas.
  Yājñavalkya (2. 3) says:
  A king who cannot, owing to pressure of (other) work, look into the
  causes (of litigants) should appoint (to administer justice) a brāhmaṇa
  learned in all dharma (law) along with sabhyas.
  Bṛhaspati (p. 278 vv. 6 and 8) declares the duties of the king and the
  presiding (judge):
  The presiding (judge) is to declare (the decision), the king is to
  punish (to execute the punishment), the sabhyas to investigate the causes,
  the accountant is to count the money (or to cast figures) and the scribe is
  to write down the (legal) proceedings.
  The same author (Bṛhaspati p. 279 v. 16) says:
  The king should sit facing the east, the sabhyas facing the north, but
  the accountant should face the west and the scribe the south.
  Yājñavalkya (2. 30) speaks of determining agencies other than the royal
  court:
  In matters of judicial proceeding among men each preceding one (out of
  the following), viz. the (judges) appointed by the king, the pūgas, the
  śreṇis and the kulas, is superior (in authority).
  The words 'nṛpenādhikṛtāḥ' mean 'the prāḍvivāka and others.' 'Pūgāḥ¹'
  (means) the 'assembly of men living in the same village, earning their living

1 For detailed explanation of pūga, śreṇi and kula, vide notes to V. M. pp. 12-14. Pūga was
somewhat like a village panchāyat, śreṇi was a guild of persons belonging to the same caste
and pursuing the same calling, such as a guild of oilmen or weavers. 'Kula' means the kind-
red of the parties constituted into a court. Nārada (I. 7) also says that kula, śreṇi, gaṇa, the
judge (appointed by the king) and the king were the sources of justice, each of superior
authority to the preceding one and Bṛhaspati as quoted in the Vīramitrodaya (p. 40) says
that kula, śreṇi and gaṇa may investigate all causes other than those of sāhasa (heinous wrongs
in which an element of force is involved).

• P. 5 (text)

6 VYAVAHĀRAMAYŪKHA [ S I 1 9-10
[ M p 4 l 32-p 5 l 18
by various callings and belonging to different castes. And śreṇis are the
opposite of pūgas. Kulāni (means) the assembly of castemen, relatives
and blood relations. Bṛhaspati (p 281 v 25) also says
For those who move about in the forest a court should be held in the
forest, for soldiers in the army and for merchants in the caravans.

• Karaṇa (means) sabhā (court). Kātyāyana mentions the (proper) time
  for investigating judicial proceedings
  The king putting down his foes should decide the causes conformably to
  the rules laid down in the śāstras in the court and in the first half of the
  day. The three parts¹ of the day omitting the (first) eighth part of it are
  declared to be the best time for (investigating) judicial proceedings as laid
  down in the śāstra.
  The eighth part is half of the first watch (of the day), the three parts
  are those that are subsequent to it and precede mid-day. And Samvarta decl-
  ares the tithis (lunar days) that are to be omitted (for investigating judicial
  proceedings)
  The wise should not look into judicial proceedings on these tithis viz.
  the 14th day (of the two halves of the month) the new moon the full
  moon and the eighth.
  Bṛhaspati (p 280 v 23) says
  Having occupied that (court) in the first half of the day along with
  the old the councillors and dependants he (the king) should investigate
  (judicial proceedings) and should listen to (the expositions of) purāṇas
  dharmaśāstra and arthaśāstra.
  Tam (means) the sabhā (the court). Arthaśāstra² (means) the science
  of politics. Nārada (p 15 v 39) declares (a rule of preference) in case of
  conflict between dharmaśāstra and arthaśāstra
  Where there is a conflict between dharmaśāstra and arthaśāstra
  one should do what is laid down in the dharmaśāstra and discard the
  dictates of arthaśāstra.
  But in case of conflict between two texts of dharmaśāstra, Yājñavalkya
  (2. 21) says
  ―――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――
  1 'The three parts &c.'—the idea is that the day (of 12 hours) is to be divided into eight
  parts (of 1½ hours each) and the court was to be held after the first part (of 1½ hours)
  and before midday (i.e. roughly between 7.30 A.M. and noon).
  2 Arthaśāstra—Mandlik and Bor. translate this as 'moral laws' but this is wrong. The
  well-known work of Kauṭilya on politics and state administration is styled arthaśāstra.
  P. 6 (text)