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

$\left.{l}S. ABH. 1
\ M. p 155 ll 3 31\right]$ MISCELLANEOUS MATTERS 273
and birds (like pigeons and parrots) are killed. $^$Five māsas is the fine
for one who kills an ass, goat or sheep $^1$ The fine is one māsa for killing
a dog or hog.
It is to be understood that this fine (was to be paid) after paying to
the owner the price of the animal killed. Yājñavalkya (II. 301) says
He who charges the paramour (of a woman in his family) as a thief
should be made to pay a fine of five hundred and he who lets him off after
taking money from him should be fined eight times that (money)$^2$
'Upajīvya' means 'having received.'
The king should banish, after cutting out his tongue, that man who pro-
nounces an imprecation of misfortunes on the king or who runs down the
king or who divulges the king's secret counsels (Yāj. II 302).
'Aniṣṭam' means 'death and the like'; ākrośah means such things
as saying 'may you lose the kingdom'. Manu (IX 275) says:
Men who rob the king of his treasure, men who obstinately oppose his
commands and those who are in league with his enemies should be punished
by various modes of punishment.
Yājñavalkya (II. 303) says
The punishment for him who sells what was on a dead body, likewise
for him who strikes his preceptor, and, for him who seats himself on the
king's vehicle or throne is the highest amercement.
'Mṛtāṅgalagnam' means 'the clothes and the like on dead body.'
The same author (Yāj II 304) says
The punishment for him who puts out both eyes of a man, for him who
obeys one that is hated by the king and for a śūdra who makes his liveli-
hood by passing himself off as a brāhmaṇa is a fine of eight hundred.$^3$
$^\ddagger$The meaning is (the fine) for one who puts out both eyes, who
does an act forbidden by the king and for a śūdra who makes a living by
the mode of life of a brāhmaṇa. In the Mitākṣarā a smṛti is quoted to the
effect that if a śūdra put on the sacred thread for securing a meal at a
śrāddha he should have imprinted on his body with a heated rod a line
resembling (the position of) the sacred thread. The same author (Yaj. II.
305-306) states the punishment for those who wrongly decide litigations
1 Kullūka explains that the fine was five silver māsakas (and not of gold) A silver
māsa was equal to two kṛsnalas. Vide Manu VIII 135.
2. Both Mit and Aparārka explain that he who through fear of infamy to his family
or in order to save from publicity the reputation of his women says of a paramour that
he was a thief was to be fined
3 'Rājadvistādeśakṛt' is explained by the Mit. as one 'who being an astrologer
(and not an elderly relation or friend of the king) makes a prophecy of impending misfortune
as to the king If a śūdra, in order to secure a meal, wears the sacred thread and the like
he was to be punished.
$^$ P 254 (text). $^\ddagger$ P. 255 (text)
V M 35

274 VYAVAHĀRAMAYŪKHA [ S. XXII 1.
M. p. 155 l. 34-p. 156 l. 21
Having again investigated (i. e. reviewed) those litigations that were
wrongly decided assessors (and also judges) together with the party (de-
clared by them to be) successful should be fined by the king twice the
amount (that was) in dispute.¹ If a man who was justly defeated (in a
litigation) still thinks 'I am not rightly declared to be the losing party' and
again comes to court he when again defeated shall be made to pay a
double fine.
Here (in all verses about fines) the mention of a number without ex-
press statement of the object (to which the number refers) is to be under-
stood as referring to paṇas. Paṇa is a piece of copper equal to a karṣa
from (the verse) of the lexicon (of Amarasiṁha) 'a paṇa is the word applied
to a copper piece equal to one karṣa.'² A karṣa is a fourth part of pala. And
a paṇa is (in value) as defined by Bhāskarācārya³ '20 cowries make a kākiṇī
and four kākiṇīs make a paṇa.' As regards the fines designated the highest
and the like Yāj. (I 366) says
The highest fine is a fine of 1080 paṇas, the middling one is half of it
and half of this last is declared to be the lowest.
Moreover in case it is impossible to award adequate punishment for
offences already described by means of the fines of the indicated magnitude
(by Yāj.) even a greater fine may be inflicted as Āpastamba says 'they say
that daṇḍa is so called because it represses; by means of it the king should
repress those who are not repressed.'⁴ So also Nārada (p. 215 vv 10--11)
states a special rule when the punishment is confiscation of all property:

• 'The weapons of soldiers the beasts of burden and the like of carriers
  of goods the ornaments of prostitutes the various musical instruments
  of professional musicians and whatever is a tool for anybody and by
  which artisans acquire their livelihood—all these a king is not entitled to
  to take even when he confiscates the entire property.'⁵
  Yājñavalkya (II 307) states what is to be done with a fine levied unjustly:
  1 Vivādāt &c. may also mean 'twice the amount of the fine that was inflicted in
  the litigation that was wrongly decided.'

2. This occurs in the Amarakośa 2nd kāṇḍa, vaiśyavarga. Amara says that five
   guñjās were equal to one māṣa, 16 māṣas were equal to karṣa and four karṣas made one pala:
   two things are stated about a paṇa viz. its weight as copper and its price.
3. This is part of verse 2 in Bhāskarācārya's Līlāvatī where a table of values is given
   viz. 20 cowries = a kākiṇī, 4 kākiṇīs = a paṇa, 16 paṇas = a dramma, 16 drammas
   = a niṣka.
   4 This is really Gautama XI 28. The derivation of daṇḍa from dam- is ascribed
   in the Nirukta to Aupamanyava (II 2).
   5 The principle underlying these verses has been accepted in modern times in the
   execution of decrees by attachment and sale. Vide section 60 proviso b of the Civil Proce-
   dure Code (of 1908).
   P 2.5 (text)

S XXII 1 ] MISCELLANEOUS MATTERS 275
M p 156 ll 24 39 ]
The fine that has been obtained by a king unjustly should be offered
by him to Varuṇa making it thirty times as much and should be distribut-
ed by himself among brāhmaṇas ¹
The meaning is let him first mentally offer thirty times as much to
Varuṇa and then let him give the money to brāhmaṇas.
Thus ends ( the section on ) miscellaneous matters
In the madhyadeśa (middle regions of India) famous for meritorious
actions and situated in the vicinity of the auspicious confluence of the Carman-
vatī (Chambal) with the Yamunā, stands the famous city of Bhareha, where
rules the king Bhagavantadeva who is devoted to the lotus-eyed god (Viṣṇu)
Thus ends the Vyavahāramayūkha (ray of judicial matters) in the (work)
Bhagavadbhāskara composed by bhaṭṭa Nīlakaṇṭha, who was com-
manded by Bhagvantadeva, the lord of kings, an ornament of the
Saṅgara race, (Nīlakaṇṭha) who was the son of bhaṭṭa Śaṅkara,
the head jewel of paṇḍitas, and the leader among those
who had crossed beyond the ocean of the Mīmāṁsā
system and the son of the learned bhaṭṭa
Nārāyaṇa styled jagad-guru
1 Manu (IX 244-245) gives the reason of this procedure Varuṇa is the divine
lord of punishment who rules over kings and a brāhmaṇa who has fully mastered the Vedas
is lord of the world Varuṇa is styled 'rājan' in the Ṛgveda and is regarded as noting the
good and evil deeds of men Vide Ṛgveda VII 49 3

The provided image is completely blank and contains no readable text or content to transcribe.

GENERAL INDEX
N. B The figures refer to pages. Important Sanskrit words
and the names of Sanskrit works and authors are put
in italics
Abettors, who are, 260
Abhidhāna, lexicon, 5
Abhiśāra, charge of a grave crime or wrong
42
Abhiśasta, charged with the commission of a
grave sin 42
Abhiyoktṛ, complainant or plaintiff 41.
Abuse, 251-253.
of three varieties, 251
Ācarita, mode of recovering debt, explained
210
Acquirer, double share of, when wealth ac-
quired with detriment to paternal estate
137.
gets two shares 169.
Act VII of 1866 (Bombay), 214n 4, 218n 1.
Act V of 1879 (Bombay), 216n 2.
Act XXI of 1850, 191n 3.
Act VI of 1878, 229n 3.
Act IV of 1893, 141n 2
Act XII of 1928, does not apply to cases
governed by the Dāyabhāga 191n 3
recognises only lunacy and idiocy from
birth as grounds of exclusion from inheri-
tance, 191n 3
Act II of 1929, does not affect sister's position
in Bombay 162n
Act XXX of 1930, 135n 2
Ādhāna, making a pledge or mortgage 224.
Ādhi, pledge or mortgage with possession
often a synonym of bandha 197n 3
varieties of 202.
Ādhibhoga, a kind of interest 198n 1
Ādhilekhya, deed of mortgage or pledge, 23
Ādhivedanika, kind of strīdhana, 93n 1
defined 177n 1, 178
Adhyagni, kind of strīdhana, defined 177.
Adhyāvāhanika, kind of strīdhana, defined
176, 177n 3
Ādityas, twelve, 48
Ādityapurāṇa, 193n 7
Adopted son, cannot succeed to his maternal
grand-father in natural family 123n 1.
even among s'ūdras gets, according to Bom-
bay, one-fourth when natural son born sub-
sequently, 116n 4
gets equally with aurasa son among s'ūdras
in Bengal and Madras 116n 1.
is divested, on adoption, of property which
is absolutely his but is ancestral, according
to Bombay decisions 121n 2
not divested of property which is absolute-
ly his, though ancestral, at time of adoption
according to Madras and Calcutta 121n 2,
122n
should perform the s'rāddha and other
rites of his adoptive father alone 123
succeeds lineally as well as collaterally in
adoptive family 128n 1.
succeeds to the brother of his adoptive
mother 128n 1.
Adoption, a brāhmaṇa can take kṣatriya boy
in, according to Medhātithi 107
all consequences that are due to connection
with the piṇḍa in the case of the natural
father, cease on 122n
by man having a grandson suffering from
congenital and incurable dumbness in-
valid, according to Bombay 109n 3
by unmarried man valid 109n 3
dattahoma, whether absolutely necessary
for validity of 110n 2.
by Kanoja Brāhmaṇa widow without datta-
homa held invalid when boy of different
gotra 110n 2
eldest son could not be given in, accord-
ing to ancient and mediaeval writers 132.
eldest son could not be given in, accord-
ing to Vijñāneśvara 107.
of oldest son allowed by decided cases
107n 5.
even of one of the same gotra must be be-
fore marriage (in Madras) 120n.
even of a s'ūdra not allowed after marriage
(in Madras) 120n.
father alone can give in 104,
A

278 VYAVAHĀRAMAYŪKHA
gotra of natural family has to be consider-
ed in marriage even after 128n.
Hindu, who has become Mahomedan, can
give his son in 101n 1.
Involves a complete severance of child ad-
opted from the family of birth 104n 1.
is made for spiritual purposes and has an
unseen result 105n 4.
mother alone can give in when father not
living 104.
of a daughter by a brāhmaṇa held invalid
106n 2.
of girl not allowed by Mayūkha 106
of married asagotra boy allowed in Bombay
Presidency 120n.
of a married man having a son, does not
transfer that man's son to the adoptive
family 120n
of an only son held invalid at one time by
the courts 111, 111n 4.
of an only son now held valid 111n 4
of daughter's, sister's, mother's sister's
son prohibited to three higher castes accord-
ing to all High Courts 118n.
of daughter's and sister's son allowed to
brāhmaṇas and others by Dvaitanirṇaya
114n.
of daughter's or sister's son held valid by
custom even among brāhmaṇas 118n.
of son valid, even though wife of adopter
pregnant at the time 109n 3.
remarried widow cannot give in her son
from first husband 101n 1.
requires actual giving and taking of boy
101n 1
rites of, described 131 133
sanction of Government not necessary to,
by Kulkarni 116n 8
who may be given in 131.
who may give in 131 132.
widow's power of comes to an end when
118n 1.
Adṛṣṭa unseen result of a religious act 91n
1 131.
Adultery 265-270.
by fraud, punishment for 264.
with certain women relatives held to be a
mahāpātaka (mortal sin) 266.
Adverse possession, property acquired by a
woman by whether strīdhana 177n.
Āgama, mode of acquisition of a document
&c. 27
Agamyāḥ meaning of 42, 42n 1.
Agents, to conduct litigation, when allowed 11
" " when not allowed 11.
Agnipurāṇa 74n 4.
Aitareya-brāhmaṇa 69n 3, 143n 2, 196n 1.
Ājñāpatra, document of command 26.
Ājyabhāga, 133n 3.
Ājyotpavana 133n 1.
Ākara, original and authoritative works on
a śāstra 130n 4
Akramoḍhā meaning of, 191, 191n 1.
Ākṣepa reproving (female slaves etc.) 80.
Ākula, a kind of faulty reply (Inconsistent)
16.
Amara, author of a lexicon 82, 84, 92, 274
Amātya, councillor qualifications of ;
must belong to one of the three regenerate
castes 4
Amendment of plaint, allowed until reply of
defendant is presented 18.
Ananyāśritadravyaḥ meaning of, 218n 1
Anapākarma, not giving 2.
Aṅga, subsidiary matter 105n 4
Aṅgula equal to eight yavas or three grains
of rice placed lengthwise 61
Annals, of Bhandarkar Institute 114n 2.
Antecedent debt, meaning of 216n 1
Anupalabdhi a means of proof 28n 2.
Anurāga, meaning of 1 0n 2.
Anuśayaḥ rescission 2.
Anuvāda a variety of arthavāda 51n 3, 117n
2 169n 2, 181n 3 231 232n
Anuvādaka that merely repeats (what is
already well known) n 3.
Anurūdhya, subject 79 79n 2.
Anvādhāna placing of fuel sticks on con-
secrated fire 109
Anvādheya kind of strīdhana 178, 165n.
Anvādhīpatra, deed of submortgage 21
Antāhita meaning of, 209n 3, 210 213n 3.
Antraya method of 1 1n 5
Āpad meaning of 105n 1
Aparārka 15n 1 and 2 16n 1 19n 1 31n 4
&c
Āpastamba-dharma-sūtra 20n 1 111n 2 166,
104n 5 212n 1, 251n 3, 269n 2.
Āpastamba-gṛhya-sūtra 109n 1 110n 1.
Āpastamba-śrauta-sūtra 133n 3.
Apariddha a kind of secondary son, 101.
Apaviddhaḥ meaning of 193, 193n 1
Apostate, from the order of ascetics, if a
brāhmaṇa, was to be banished according

GENERAL INDEX 279
to Kātyāyana 286n 3
from the order of ascetics became a slave
of the king 286n 3
Aprasiddha, a fault in a plaint 13
Apratibandha (dāya) defined 86
Apratiṣṭhitā meaning of 155.
Apūpa, preparation of flour and ghee 148n 1.
Arbitrators punished if cheating through
friendship or covetousness 257
Arghya, water offered by way of honour 49n 1
Arjuna, marriage of, with Subhadrā discuss-
ed 128-129, 128n 1
Ārṣa, form of marriage, 189n 1
Arthaśāstra, science of politics 6
rule in conflict of, with Dharmaśāstra 6
Arthavāda, expatiates upon a vidhi 79n 1,
262n 1
indicated by particles like 'vā' or 'vai'
262n 1
three varieties of 282n
Artisan, liability of, for loss of materials
given for being manufactured 225
Asādhya, incapable of proof (plaint) 13
Asahāya, 103n 1, 208n 2
Asāra, a kind of faulty reply (opposed to
reason, or void of substance) 15
Ascetic, heir of 167.
punishment for sexual intercourse with
female 268n 1
Āsedha, restraint or arrest, 9
four kinds of 9
persons who are exempt from 9
punishment for breaking 9,
restraint by king's order 212
Āśramas, four 167n 1.
Assault 253-255
Astrologers, liable to fine 256
Āsura, form of marriage, defined 189n 1
not approved even for śūdras 189n 1
Āśvalāyana 146.
Āśvalāyana-gṛhya-sūtra, 49n 5, 88n 1
Āśvalāyana-śrauta-sūtra, 111n 2, 188n 2
Atadguṇasaṁvijñāna, kind of bahuvrīhi 146n
4.
Ātatāyin, who is 261, 261n 4
who is, not a brāhmaṇa, may be killed in
self-defence or if he steals a field or carries
away one's wife 262.
Atharvaveda, 261n 4
Atibhūri, a kind of faulty reply (very pro-
lix) 15
Atideśa, principle of 51n 3.
Ātmabandhus, 164.
preferred to pitṛbandhus 164
Attestation, on a document, how made 25.
of an illiterate witness 25.
Atyalpa, a kind of faulty reply (very con-
cise) 15
Aupamanyava 274 n 4.
Aurasa, meaning of 108
Avadāna offering 49.
Avakraya, delivery to another for hire 224
Avaruddhā, meaning of, 158 n, 268, 268 n, 2
Āvasathya, gṛhya fire 145
Avyāpi, a kind of faulty reply (not meeting
all particulars) 15
Baddhakrama, compact series of heirs 160 n.
Bahuvrīhi compound 6 n 4.
kinds of 146 n 4
Bailee, not liable if deposit lost through the
act of God or the king 221.
Bairāgīs, 167 n 2
Bala, expedient for recovering a debt 209 210
Bāla, a person of sixteen years or less 41.
Bālambhaṭṭa 105 n 1, 161 n 1, 217 n 1.
Bālambhaṭṭī, commentary on the Mitākṣarā
108 n 1.
doctrine of, that the word brother in Yāj.
about heirs includes sister, not followed by
Bombay High Court, 158 n 2.
Bandhus, are bhinnagotra sapiṇḍas 160 n.
as heirs 163,
enumeration of, only illustrative 164 n 1.
etymological meaning of, 166 n 1.
ex parte paterna preferred to ex parte ma-
terna 165 n
in order to take as heirs must have mutua-
lity and must be related to the deceased
directly through themselves or their father
or mother 164 n 1
male, of same class preferred to female
165 n
meaning of 163 n 3, 197, 197n 3.
of three kinds 164.
preference based on spiritual efficacy when
of same class even where Mit applies 165 n
sapiṇḍa relationship in case of, extends
up to only five degrees 164 n 1
Banishment, as punishment 40
as punishment for adultery by fraud 265,
as punishment for embezzling property of
gaṇa 243.
as punishment for a brāhmaṇa thief 259
as punishment for those who pronounce
imprecations on king or divulge his secrets
273

280 VYAVAHĀRAMAYŪKHA.
for playing with false dice 271
proper for brāhmaṇa offender 261.
of brāhmaṇa, for apostasy how effected 236.
for those who live by taking bribes and for
assessors pronouncing unjust decisions 256
Banner festival of, in honour of Indra 47 n 3
Baudhāyana, 120
Baudhāyana-dharma sūtra 115 n 5, 128 n 1
153 n 1, 187 n 3, 194 n 1, 196, 256, 261 n 2
Baudhāyana-gṛhya-sūtra 262 n:4
Bauddhas 88.
Benares, Śaṅkara is presiding deity of v 2.
Bhāgalekhya deed of partition 23.
Bhāgavata-purāṇa 91.
Bhaktadāsa meaning of 228 n 1.
Bhāruci, 103 n 1
Bhāṣā plaint 12.
Bhāskarācārya, 274
Bhaṭṭoji 124 n 1
Bhavanātha a mīmāṁsaka 77
Bhāvya what is used in future or what is to
be accomplished 112 n 1
Bhāvya what is to be made to exist 120, 121
n 1.
Bhogalābha 196 n 1.
Bhogyādhi, 206, 206 n 1.
Bhoja, called Dhāreśvara a great patron of
literature 78 n 2.
Bhṛgu, 83, 210, 220, 226, 253, 261
Bhṛtya meaning of 262 n 4
Bhūta, an existing thing 112 n 1
Bījin meaning of 127 n 2.
Blindness, if not congenital, did not exclude
from inheritance even if incurable 162 n
Borradaile, 6 n 2.
Boundary even one may settle if he be
acceptable to both 247
marks of, are either visible or concealed 247
n 2.
means of indicating 247
one man should not undertake upon him-
self to settle 247
settlement of, by a person held to be false
if he was visited with divine or royal dis-
pleasure within three fortnights 249.
special rules about characteristics of wit-
ness as to 247
Boundary disputes, 247-251.
Bow equal to four cubits, 246 n 1
Bows, kinds of 66.
lengths of 66.
Brāhma, form of marriage, essence of, is in
gift of bride to bride-groom 81n 2.
is in vogue among kṣatriyas 84
Brahmacārin heir to 167
of two sorts 167n 1
Brāhmaṇa, adverse possession none against
a, learned in the Vedas 30,
adulterer punished with banishment and
branding but not liable to death 268,
became a śūdra after selling milk for three
days 91n 1
could not be made the slave even of a
brāhmaṇa 236
could do menial work for a learned brāh-
maṇa, but not impure work 236
could marry according to Manu girls of
all four classes 97 n 1
duty of, to give opinion as to causes, though
not appointed by king as member of court
4.
estate of heirless, does not go to king, but
to other brāhmaṇas 158
estate of heirless, goes to king in modern
times 158n 1.
even coming to kill, cannot be killed in
Kali age 262.
following certain professions should be
treated as a śūdra when witness 39.
if guilty of theft to be branded and banish-
ed 259
if learned, is master of everything 229
275 n 1
may take up arms in self-defence for pro-
tecting women, for removing hindrance to
dharma 262 n 1.
not liable to be killed, even though he was
an ātatāyin 261.
not liable to be made a slave 236,
offering oblation into fire for a fee on be-
half of a śūdra, condemned 115.
poison ordeal not to be administered to 44
proper punishment for 261
sin of killing of, could not be expiated by
any prāyaścitta 263 n 1
unable to pay fine, is to be banished 40.
wealth of heirless, went to other brā-
hmaṇas 166
wealth of heirless escheats to king in modern
times 166n 2, when ātatāyin, whether
could be killed 261-263.
Brāhmaṇas, of south marry maternal uncle's
daughter 7
of central India became hired labourers
and ate cow s flesh according to Bj "
of Eastern India ate fish 7

GENERAL INDEX 28
peculiar privileges of 89n 2.
Brahmayajña, meaning of 116n 2
every member of even an undivided family
was to perform separately 117n.
Branding, as punishment for brāhmaṇa
guilty of theft 259.
as punishment for playing with false dice
271.
for brāhmaṇa who becomes apostate from
sannyāsa 236
as punishment for sexual intercourse by
fraud 265.
for theft not resorted to, if proper prāya-
ścittas undergone 259
of mark of dog's foot for theft 259n 3
of marks 261n 2
Breach, of contract of service 235-239.
Bṛhad-Viṣṇu, 155n 1
Bṛhan-Manu, 190
Bṛhaspati, 3, 4, 5 &c.
criticizes Manu 141n 1.
Bṛhat saṁhitā, 47n 1.
Bribe, promised, need not be given even
though object accomplished 234
Brother, does not include sister for purposes
of inheritance 158
does not include son of the same mother
but of a different father 158n 1.
full, succeeds after parents 157
Brother's grandson, not included in brother's
son 159n 1.
Brother's son, takes along with the brother,
according to decided cases, under the
Mayūkha 159n.
Bühler, Prof. 110n 1.
Burden of proof, in several kinds of reply 15-
16.
Burning, on a bed of grass, punishment for
kidnapping women 258.
Cakra vṛddhi, compound interest, 198n 1
Caritra-bandhaka, 205, 205n 2.
Cattle, owner of straying, had to pay wages
to the person who guarded them 226
Catuṣpatha, cross road or thoroughfare, 249.
Causes, of litigants, order in which to be
heard 11.
Champerty, punished 11, 11n 2.
Charms, against enemies 261n 4
Chattels, three kinds of, in relation to theft
255
Civil and criminal matters, no clear-out dis-
tinction between procedure in 8n 3.
Civil Procedure Code, 9n 1, 11n 1, 12n 1,
10n 4, 274n 5.
Cloth, permissible reduction in weight of
when given for embroidering or drawing
figures 224.
Clothes worn by deceased father should be
given to him who partakes of the śrāddha
to the father 140
Coaxing, as an expedient for recovering a
debt, to be employed in what cases 210
Colebrooke translated nibandha as corody
78n 6.
Compact series of heirs, ends with brother's
son 161.
Concubine, entitled to maintenance from es-
tate of paramour against heirs if connec-
tion exclusive and continuous up to death
99n 1, 152n 2
has no right of maintenance against para-
mour during his lifetime 153n.
in order to get maintenance need not have
resided in the same house with her para-
mour's wife, children &c. 153n
Confiscation, as punishment for embezzling
property of a gaṇa 243.
as punishment for murder 260.
as punishment for rape 264.
of property, as punishment for śūdra
having sexual intercourse with a woman
of a higher caste 267
of whole wealth, for kidnapping a married
woman 258
what property not liable to 274
Conqueror, entitled only to tax on land and
not to ownership of land 81.
Contract, of service, breach of 235-239.
Contract Act (Indian) 203 n 1, 222, 224 n 1,
225, 230 n 1, 244 n 2
Conventions, established by king, examples
of 242 n 2.
established by king or local usage should
be observed by brāhmaṇas, if not opposed
to their dharma 242
examples of 242 n 2.
of guilds and corporations to be maintained
by king 242
of horse-dealers, to impose a tithe on them-
selves and their customers 242 n 2
Conversion, to Mahomedanism does not
cause loss of right to inherit by virtue of
act XXI of 1850, 192 n.
Coparcener, who is fifth or seventh in descent
may get his share if he and his ancestors

282 YAVAHĀRAMAYŪKHA
lived in a foreign country 96.
Coparcenary limits of Hindu 25 26 n 2.
root idea of 78 n 8
Corporal punishment,
for stealing one hundred palas of gold,
silver etc. 259
for stealing precious stones 259
for a śūdra wearing the peculiar marks o
brāhmaṇas (such as sacred thread) 271
for theft of corn 258.
not awarded to brāhmaṇas 261.
Corrody as translation of nibandha 25
Counterclaim, by defendant 16.
Court fee, in ancient Hindu Law 212 n 2.
Cow flesh of, eaten by brāhmaṇas of Ma-
dhyadeśa 7
owner of, not to be fined if it strays during
festivals or srāddhas, 216
Creditor if a brāhmaṇa or king was entitled
to

ĠENERAL INDEX 283
unmarried, preferred to married ones 155
Daughter's children, succeed to strīdhana in the absence of daughters 185
Daughter's daughter, held preferable heir to strīdhana as against son's son 184n 1
preferred to daughter's son as heir to strīdhana 184 n 1.
Daughter's son, as heir 156
Dāya, defined 85
two kinds of 86
Dāyabhāga 79n 2 and 3, 80n 3, 141n 3, 180n 2, 186n 1, 189n 2, 190n 1, 196n 1
differs from Mitākṣarā 92n 3, 89n 2
holds that reunion takes place only between those expressly stated by Bṛhaspati 168n 1.
specifies only two times for partition 88 n 1
theory of, that there is no ownership by birth in ancestral estate 79, 79n 2 and 3
Dāyabhāga, partition of heritage, defined 86
does not include division of profits by traders 85.
Dāyatattva, 81n 2
Death, as punishment for adultery with a woman of a higher caste 265, 266
as punishment for gurutalpaga 268
as punishment for kidnapping a maiden 258
as punishment for murder 260
as punishment for rape 264
by being devoured by dogs, as punishment for brāhmaṇa woman willingly having intercourse with s'ūdra 269
punishment of, for kidnapping a maiden 258
punishment of, for offence of being a cutpurse a third time 257
punishment of, for untouchable man having sexual intercourse with brāhmaṇa woman 269.
Debt, contracted for family by uncle, brother or mother must be paid by all cosharers 221
due to any creditor other than a brāhmaṇa was to be paid to king, if creditor died heirless 221n 4
due to a brāhmaṇa creditor must be paid to other brāhmaṇas if creditor die without heirs or relatives 221
due to lust, defined 217n 1
due to wrath, defined 217n 1
evil results of non-payment of 214
husband's liability to pay wife's 220
incurred for family even by a slave, or pupil, had to be paid by head of family 220.
liability of wife, mother or father for husband's or son's 220
of father, if not immoral, binding on son and his share in ancetral property 216n 1
payment of, by instalments 211
private expedients for recovery of, were allowed only if debt admitted by debtor 210.
Debt, man owes to his anecstors 108, 108n 1
owed to ancestors paid off by birth of a son 108, 112n 1.
Debtor, claiming judicial investigation was not to be confined by creditor 212
complaining against creditor recovering admitted debt by private expedients was to be fined 211
could be kept in restraint before an assembly of people according to usage 210
if a poor brāhmaṇa, was not to be made to liquidate debt by manual labour for creditor 211
of higher caste was not to be made to work for a creditor of a lower caste 211
should work for a creditor of his own or higher caste 211.
when confined, was to be let out for meals or answering calls of nature 210.
Debtor and creditor relation, none between members of joint family, 148
Debts, to be paid by him who takes estate of the deceased 218 n 1
contracted on same date to be paid rateably 213.
enumeration of those who are responsible to pay 217.
father's, when son not liable to pay 216-217
incurred by father for trade newly started by himself, are binding on son's interest according to Bombay decision, but P C. holds otherwise 217 n 1.
modes of recovering debts sanctioned by ancient sages 209
of parents to be paid by'sons and grandsons 186 n 1
of the deceased, to be paid by the man who took his widow 218 n 1
owed to gods, manes and sages 195 n 1
part payment of, to be entered on back of document 213
payment of, on partition 184.
propositions as to father's or manager's debts 216 n 1.

284 VYAVAHĀRAMAYŪKHA
recovery of, discussed by Nārada under
seven heads 127 n 2.
Deccan Agriculturists Relief Act 201 n 2
Decisions, of Bombay High court, criticised
37 n 1 118 n 121 n 2.
of P. C. criticised 103 n 1, 118 n 1 164 n 1
216 n 1
Deed of boundary 28.
of debt 28
of peace 28.
of purification 28.
Deed of conventions, 28
of gift 28.
of partition 28.
of purchase 28
of mortgage or pledge 28.
of service 28.
Defamation vide under abuse
mere truth of assertion no defence in charge
of 263 n 1
Delay in hearing witnesses and causes re-
sults in great sin to king 88
Deposit 211 225
care required of him who takes 211.
must be delivered intact to the depositor
212
person who uses it for his benefit was liable
to pay interest and also fine 221
Devala, 79 90 n 8, 95, 97 1 8, 181 182
135
text of, is basis of Dāyabhāga theory 79 n 3.
Dhāreśvara held view that ownership arose
on partition and not by birth 78
held view that ownership was understood
from śāstra alone 76 n 1
Dharma, expedient for recovering debt 209
flowers and sandal paste to be used in
worship of, in ordeals 59
means iṣṭa (religious purposes) and pūrta
(charitable purposes) 235n 1
ordeal of (image or picture of) 78-79.
Dharmabhṛtāṃ meaning of 16
Dharmādhikaraṇa hall of justice 5.
Dharmapravṛtti a work 147 14 n 1
Dharmaśāstra king to listen to exposition
of 6.
rule in conflict of, with arthaśāstra 6.
rule in conflict between two texts of 7
Ghaṭa balance etymology of 64.
Dhurajātṛta meaning of, 198.
is impartible 198.
Dike, may be constructed on another's land
in certain circumstances 230.
Disturbance, of enjoyment of a house door
or market, not allowed 248.
Divyatattva, a work of Raghunandana 48n 4,
47n 3 49 74n 3.
Draitanirṇāya, a work of Śaṅkara-bhaṭṭa
113n, 114
Document, when another and new one to be
substituted for prior one 26.
witnesses not allowed to prove orally a
matter in case it is entered in 21
Documents, embodying transactions how ex-
ecuted 25.
evidencing debt to be returned to debtor
when debt paid off 218.
genuineness of, how established 26.
in one's own hand, valid without attesting
witnesses, 24
in another's hand characteristic of 21
must be produced from proper custody
27 n 3
of three sorts, according to Bṛhaspati 22
of two kinds, according to Vasiṣṭha 22.
of two kinds, according to Nārada viz.
made in one's own hand and in another's
hand 24
royal, four kinds of, according to Vasiṣṭha 26.
royal, peculiarities of 25
the only means of proof, as to conventions
of pūgas, guilds etc. 21
what are vitiated 27
Dumbness, if congenital and incurable was
a ground of exclusion from inheritance
191n 2.
Dūtaka, a kind of witness 34.
Dvyāmuṣyāyaṇa,
adoptive and natural mother both entitled
to succeed together to 120n 1
form of, obsolete according to Mandlik
120n 1
form, not obsolete according to judicial de-
cisions 120n 1
is the ordinary form of adoption among
Nambudri brāhmaṇas 120n 1
natural mother preferred as heir to bāndhav
of adoptive father 120n 1
means one given in adoption with condition
that he is the son of both 120
power of adopting in form of not confined
to brothers 120n 1
takes estate of both giver and taker when
there is no aurasa son to either 121
takes only a fourth of the share, when
there are aurasa sons to both giver and
taker 121

GENERAL INDEX. 285
to offer s'rāddha' to both giver and adopter
and their ancestors 124.
was to offer one pinda and intend it for
both giver and taker 121n 1.
Dyūta, explained, 2, 271n 1
Eafnest, when forfeited 205n 2
Edict, royal, see under 'grant'
Ekachchhāyāśrita, 'undertaking joint and
several liability 208.
Ekaśeṣa, meaning of 157n 1.
may be of dissimilar or similar objects
158 n 2.
Eka tīrtha, meaning of 167.
Ekoddiṣṭa, explained 121n.
Emperor, cannot give away the whole earth
even in viśvajit sacrifice 82
Epigraphia Indica, 21n 3, 242n 2.
Equity, of superior force to the bare letter of
the law 7n 1.
Evidence, latent defects of, must be pointed
out at time of adducing by the opponent 36
not allowed to be adduced after proceeding
almost finished 40
Evidence Act (Indian) 27n 1.
Exception, has, according to some, the same
province as the rule 170.
Exclusion, from inheritance 191-197.
from inheritance, grounds of 192.
Experts, to decide causes of merchants,
craftsmen etc. 8.
Father, cannot make a gift even of ancestral
movables 80n 3.
kept mistresses of, are not to be allotted at
a partition 140.
liability of, for son's debt, 220.
may dispose of his self-acquisition at his
will 88
promise of, for a religious purpose must be
carried out by sons 184.
recovering property of his grand-father lost
to the family is entitled to hold it as self-
acquired 88.
succeeds after the mother, according to
Mitākṣarā 156
succeeds in default of daughter's son and
before mother, according to Mayūkha 156.
two shares for, according to Nārada 91.
Fellow-student, is heir 166
Festival, of banner in honour of Indra 47 n 3
Fiction, of certain texts referring to another
Yuga 92.
Finder, of treasure, rules as to 229.
Fine, double for assaulting a man of a higher
caste 258.
double for assaulting wives of others of
whatever caste 258.
double where several strike down one man
255
extent of highest, middling and lowest
according to Manu and Yāj. 282 n 1.
figures of, in smṛtis refer to panas 274.
for abuse of learned brāhmaṇas, Vedas and
king 252.
for abusing a brāhmaṇa, when the abuser
belongs to a lower class 252.
for abusing a man of same caste 251.
for a man publicly accusing parents or
elders of a sin (even though accusation be
true) 252.
for adultery of various grades 266
for allowing a thief to escape 272.
for beating or injuring or killing beasts 255
for brāhmaṇa abusing a man of a lower
class 252.
for brāhmaṇa having sexual intercourse
with an untouchable woman 267
for breaking limbs or piercing organs of
sense 254.
for change of pleading 18.
for charging the paramour of a woman in
one's family as a thief 273.
for conversation between a man and woman
when forbidden to talk 266.
for creditor putting under restraint a debtor
claiming judicial investigation 212.
for debtor, who though well-off does not
return a debt 212.
for defiling a tank, holy place or garden 250
for destroying a boundary or encroaching
on it 250.
for disturbing another's wall, drain,
balcòny, watercourse &c. 248.
for employing a man of a higher caste as a
slave 287
for false witnesses and partial arbitrators
257.
for goldsmith when gold and silver given
to him for heating becomes less than the
standard allowed 224.
for him who is defeated on review of judg-
ment 274.
for hired workman, not performing agreed
work, though not ill 240.
for husband, son or relatives taking a wo-
man's strīdhana by force 181.
Q,

286 VYAVAHĀRAMAYŪKHA
for inciter of an offence, double of that for perpetrator 264.
for injuring trees belonging to another 255.
for judges and assessors wrongly deciding cases 274.
for labourer leaving off work before stipulated period 240
limits of lowest, middling and highest 86 n 4.
for loss due to herdsman's fault 246
for master dismissing servant before stipulated period 240.
for merchants concealing blemishes in goods or selling old articles as new 260.
for negligently killing a man or beast 272.
for not coming as a witness after agreeing to come 39-40.
for not cultivating a field taken on rent 251.
for not obeying summons as defendant 10.
for obstructing a public road or committing nuisance thereon 249.
for one who denies or conceals a deposit 221.
for openly calling an outcast an outcast or a thief a thief, even if true 252 53.
for person making a pledge of same thing to two persons 204
for pointing out defects of witnesses after they have deposed and not before 86.
for pointing out faults in faultless witnesses 84.
for purchaser who cannot produce the seller or who cannot prove sale in market overt 227
for sitting on the king's throne or vehicle 278.
for selling a brāhmaṇa woman or enslaving a woman of a respectable family 237
for selling a faithful female slave who is unwilling to leave 237
for selling false gold as real 272.
for selling unclean meat 272.
for sexual intercourse with the nurse of one's child or wife of one's attendant 237
for stealing corn 258-259
for striking in such a way that blood comes out 251
for striking one's preceptor 278.
for striking with a stick 254
for a Śūdra who makes his livelihood by passing himself off as a brāhmaṇa 273.
for taking bribes 234
for tampering with royal edict 272
for those who manufacture false jewels, coral or gold 257
for threatening to injure the limbs or organs of sense 252.
for threatening to strike with the hand or a weapon 254,
for throwing ashes, mud or dust or an impure thing 253.
for usurping a house, tank, garden or field by intimidation 260.
for vicious man talking with another's wife 266.
for washerman wearing articles given for washing or selling them 224.
to be paid by one who claimed an article as his when it was sold to another by a third person 226.
to be paid by owner of straying cattle and beasts 246.
for witnesses falsely settling boundary 248
half for assaulting one of lower class 254.
half for an offender who admits offence of abuse and promises not to repeat it 253.
half for women 266.
higher for cutting trees growing near temples or boundaries 255 n 4
higher when one of lower class abused another of higher class 252.
highest for cutting off ear, nose, eye, tongue hand &c. 253.
if unjustly obtained by king, was to be offered to Varuṇa and distributed among brāhmaṇas 275.
increased according to the part of the body affected by the throwing of certain impure things 254
middling for injuring or wounding the limbs or senses 253.
Fines, figures of, refer to paṇas when nothing else specified 10, 274
for stealing or destroying articles of various grades of value 263-264
for theft of animals 258
Fire, gṛhya or Urasākhya 145 n 2.
ordeal of 60-65.
is to be kindled in Vedic sacrifices on gold and not on bare ground 232 n.
Fires, srauta, are three 145 n 2.
Fourth share, given to adopted son, if aurasas born afterwards, meaning of 116 n 4
of an unmarried sister on partition, meaning of 102, 103 n 1, 103 n 1.

GENERAL INDEX 287
Fraud, vitiates all transactions and makes

• them liable to be annulled by courts 234.
  Free man, when becomes slave 236.
  Full brother
  if reunited with deceased takes whole estate
  as against a half-brother re-united 171.
  though not re-united takes in preference to
  father, though re-united, according to Luck-
  now High Court 173 n.
  though not re-united, takes along with half-
  brother, if re-united 172.
  Funeral rites, must be performed by him who
  takes wealth as heir 167.
  Gālava, 262.
  Gamblers, playing with false dice fined 256
  Gambling, 271-272
  allowed by Yāj under restrictions 271n 3
  condemned by Manu 271n 3.
  Gaṇa, assembly of brāhmaṇas 243n 1.
  Gaṇaka, accountant, qualifications of, as a
  sabhya 4.
  Gaṇes'a, 48.
  Garbhadāsa, one born of a dāsī, a concubine
  85, 85n 1, 238n 1.
  gift of, not possible in primary sense 85.
  Garga, 284.
  Gautama, 77, 87, 98, 99, 103n 2, 127, 138,
  140, 148, 155, 166, 167n 1, 174, 184, 187n
  3, 190, 193n 1, 194n 5, 198n 1, 200, 201n
  2, 226n 3, 228n 1, 229n 2 and 4, 233, 234n 1,
  246n 3, 252n 2.
  Gāyatra Sāman, 74
  Gender, of a word in a rule not to be insist-
  ed upon generally 109n 1.
  to be insisted on, in certain cases 109n 1
  Ghana, a complicated method of repeating
  the Veda 197n 1.
  Gharpure, Mr, 40n 3, 113n, 114n 1, 117n 1,
  128n 1, 169n 4
  Ghaṭasphoṭa, prescribed in the case of one
  guilty of high treason 193n 1.
  Gift, allowed only of what remains after
  providing for the food and clothing of one's
  family 233
  for dharma without specifying an object
  held void for uncertainty by modern deci-
  sions 235n 1
  idle, defined 217n 1
  in marriage, of bride to bridegroom is figura-
  tive 84n 2.
  of a man's everything forbidden 233.
  of objects declared to be unfit for giving
• away made the donor liable to prāyas'citta

of son (in adoption) is to be understood
in a figurative sense 84.
of vṛtti, forbidden 233.
of wife and children prohibited 82n 2.
promise of, to a brāhmaṇa enforced by
courts in ancient India 233.
promised by a man, even when afflicted
with disease, for a religious purpose was
enforceable after his death 235.
though promised, need not be delivered if
donee does what is forbidden by s'āstras
233.
under Hindu Law held to be invalid with-
out delivery of possession in earlier cases
but not so in later 235 n 1.
what are not proper subjects of 231
Gifts, law of, considered under four heads 231
resumption of, condemned 25 n 1.
seven varieties of valid, according to Nārada
233.
sixteen varieties of invalid 233.
that are void and may be cancelled 234
Gopyādhi, meaning of 202 n 2
Gotra, kṣatriyas had no special, but their
purohita's. 111 n 2
may have one, two, three or five pravaras,
127n 3.
of natural family to be considered in marri-
age even after adoption 122 n.
Gotraja, meaning of 159 n 2.
Gotrajas, are either sapiṇḍas or samānodakas
159 n 2.
not confined to males, but include widows
of gotrajas in Bombay 160 n.
succeed after brother's son 159.
Gotraja sapiṇḍas, who are 160 n.
Govindacandra, king of Kanoj, 61 n 1.
Grammar, based on usages of the people 169.
Grandmother, does not include step grand-
mother as heir, 161 n.
inheriting maiden grand-daughter's strī-
dhana takes an absolute estate 191 n 1.
not entitled to share when father and sons
come to a partition 94n 2.
share of, on partition 94.
succeeding to son's son does not take
wealth as stridhana 161n
Grandson, liable to pay grandfather's debt
only to the extent of the principal 214.
not liable to pay grandfather's suretyship
debt 207.

388 VYAVAHĀRAMAYŪKHA

• pays only principal, if he received no as-
  sets, according to Bṛhaspati 214n 4
  Grants, royal how executed 25
  when issued by officers 26
  Great-grand-mother, Mayūkha is silent about
  153n 1.
  Great-grandson, not liable to pay any debt of
  great-grandfather, if no ancestral estate
  received 207n 3.
  Great-grandson, need not pay debt of great
  grandfather 214.
  Guardian ad litem, for minors, lunatics etc.

Gūḍha, a kind of witness 81.
Gūḍhaja, a kind of secondary son 103.
Gujarat, right of privacy recognised in
In modern decisions 242n 1.
Guṇa, accompaniment 108.
Gurutalpaga (guilty of the sin of violating
guru's bed) who are 269.
Halāyudha, 84n 3
author of Mīmāṁsāsarvasva 103n 1.
Haṁsapada vermilion, 62n.
Hand cut off, as punishment for theft of
gold etc. 252.
Hand writing, comparison of 25.
Hanging, as punishment 257
Haradatta, commentator of Gautama 87
124n 1, 140n 3, 190n 2.
Harīnātha, author of Smṛtisāra, 115.
Hārīta 9n 2 16, 17 22, 61, 80, 88, 89 93.
Hārīta 24n 3.
Heiress properly escheats to king 166.
Hemādri 125, 193n 1.
Heretics, are Bauddhas and Jainas 242n
Heritage, determination of 77
Hetu inference 87
High treason, one guilty of, how dealt with
by his kinsmen 193n 1.
Hindu, having a son, can give him in adop-
tion after becoming a Mahomedan 104n 1
Hindu Heirs Relief Act 214n 4 218n 1
Hiraṇyakaśipu 91n 2.
Hiraṇyākṣa 91n 2.
House, built on another's land after paying
rent, may be taken away by builder 241
Husband, deserting a good wife was compell
ed to give a third part of his estate to her
or if poor to maintain her 370
deserting a good wife was to be punished
by king 370.
has no dominion over wife's strīdhana
except in famine, disease, in imprison-
ment and except for indispensable religi-
ous duties 181.
is not master of strīdhana when the
children of the woman are alive 87
to give starving maintenance to fallen wife
154.
when liable to pay wife's debts 220.
Husband and wife, duties of 370-71.
Idols, daily worship of, is single for the
family when undivided 146.
Illegitimate son, of any one of the three
higher castes, not entitled to a share even
after his death 99.
of a Hindu from a Mahomedan mistress
not entitled to succeed 99n.
of a śūdra, can form coparcenary with
legitimate son 98n 1.
of a śūdra from a married woman, whose
husband was living and connived, not
entitled to share 98n 1
of a śūdra, does not succeed collaterally
99n.
of a śūdra, gets half of what a legitimate son
actually takes, according to Bombay deci-
sions 99n.
of a śūdra, according to P. C. gets half of
what he would have taken if legitimate 99n
of a śūdra, only entitled to share, if connec-
tion not incestuous or adulterous 98-99n 1,
of a śūdra, rights of 98-99.
of a śūdra shares equally with the widow
of his father if no son daughter or
daughter's son left 98n 1
takes half of a legitimate son when there is
a legitimate son or daughter or daughter's
son 98n 1.
Imitation pearls and jewels 256.
Imitation jewels, selling of punished 257
Impalement, for house-breaking at night and
theft 257
for those who make others captive or forcib-
ly carry away horses or elephants or kill
others 260.
Impartible property what is 138-141
Indian Antiquary 81n 4
Indrasthāna meaning of 41n 3.
Inheritance, grounds of exclusion from
191ff.
Insanity need not be congenital in order
to operate as a bar to inheritance 197n.
Instalments, to pay off a debt when allowed
211

The provided image is completely blank and does not contain any visible text, Sanskrit verses, or commentary to transcribe. Please upload an image with visible content.

190 VYAVAHĀRAMAYŪKHA
debt due to, had precedence over other
debts, except those to brāhmaṇas 218.
duty of, to bring learned brāhmaṇas in his
kingdom and to provide livelihood for
them 242.
entitled to receive a sixth, tenth or twelfth
part for articles lost and kept by his officers
228
final arbiter of boundary if other means
fail 248
function of, when judge appointed to decide
causes 5.
lord of everything 22.
means anyone of whatever caste who has
authority to protect subjects 3.
not to take property of heirless śrotriya
158.
recovered fine equal to the debt established
against a debtor in a suit when the debtor
denied the debt 212 n 2.
recovered five percent and ten percent from
debtor and creditor respectively when debt
was admitted and yet a suit had to be filed
212.
should look into causes of litigants 3.
takes heirless property after providing for
śrāddhas and concubines of deceased 152.
to decide by his own lights when no
means of proof available 22.
to decide with the aid of experts causes of
merchants, craftsmen, agriculturists, actors
&c. 8.
to enforce conventions of guilds and cor-
porations 242.
to restore stolen property 229
was to appoint judge when he could not
himself look into causes 5.
Kośa, ordeal of 70–71
ordeal of determines a matter after some
time 43.
ordeal, not to be administered to drunkards,
gamblers, &c. 45.
ordeal, to be employed when 41.
Krama a means of interpretation 162 n 2
of six kinds 167 n 2.
Krama a method of reciting the Veda 15 n1
Kratvartha concerned with the religious act
itself 105 105 n 3
Krayalekhya deed of purchase 22
Krīta a kind of secondary son 101.
Kriyā means or burden of proof 15 n 6.
Kriyāvādī a debtor claiming judicial investi-
gation 212.
Krośa, equal to 2000 daṇḍas 64.
Kṛṣṇa-Dvaipāyana 222.
Kṛṣṇala, also called raktikā 240n 2.
Kṛta (interest) stipulated 128n 1.
Kṛtrima 103.
son, recognised in Mithilā in modern times
also 103n 2.
Kṣatriya, cannot accept a gift 83.
had no special gotra of their own, but
took preceptor's 111n 2.
Kṣayādhī, 205n 2.
Kṣetraja, a kind of secondary son 103, 104
forbidden in kali age 196n 5.
got a share even when father excluded
from it, according to Yāj. 196.
Kuḍava measure of corn, equal to 12 pra-
sṛtis 250n 1.
Kula, meaning of 248.
kindred of parties as a court 5n 1, 6.
Kullūka, 105n 1 107 123, 141n 1, 143n 1
161n 1 186n 1 208n 2 222n 2, 248n 3
250n 2.
Kumārila, 12n 3, 84n 3 85n 1 123n 1
129n.
Kumbha measure of corn, equal to twenty
prasthas 250 250n 1
Kuntī sister of Vasudeva and adopted by
Kuntībhoja 128n 1
Kupyam, meaning of 151.
Kusīda, usury derivation of 127
Lābha meaning of, 181n 3.
Laghu Hārīta 150.
Lagnaka surety 127
Lakṣaṇā, a function of words 83n 3
is only a fault of word (if at all) and is to
be preferred to vākyabheda which is a
fault of sentence 123n 3.
Lakṣmīdhara, author of Kalpataru 61n 1.
Lakṣyā figurative (sense) 121n 1.
Lameness, if not congenital was no bar to
inheritance 192n.
Land, owner of, to pay price of thing stolen
if footmarks of thief have not gone out of
238.
Land Revenue Code (Bombay) 217n 2, 217n
2.
Lāṭas, people of southern Gujarat 179n.
applied the word sister even to a distant
female cousin 129n.
Lāṅgala 140.
Laukika, a kind of document 22
seven kinds of, according to Bṛhaspati 23

GENERAL INDEX 291
Lekhaka, scribe, qualifications of, as a sabhya 4
Lekhita, a kind of witness 31
Leprosy, as ground of exclusion from inheritance 192n 2.
Likhita, a witness whose name is placed on a document by the party himself 31.
Līlāvatī, 61n 2, 274n.
Limitation, 96.
Line, three views about meaning of, in inheritance 169n 1
Liṅgayats, dvyāmuṣyāyaṇa dattaka, prevalent among 120n 1
Liṅgī, one wearing a forbidden mark 196, 196n 1
Litigants, order of recording cases of 11.
representation of, by others 11
Lokapālas, guardians of the worlds 48.
Lost article, could be recovered within one year, if found by king's officers 228.
Madana, (same as Madana-ratna) 51, 55, 60, 61, 62, 80, 86, 92, 104, 138, 149, 154, 167, 169, 170, 173, 174, 175, 178, 184, 196, 197, 246, 249, 264
Madanapārijāta, 142n 2, 161n 1
Madanaratna, 2, 11n 3, 32, 86, 89, 91, 137. 99, 246n 2, 269n 1
Mādhava, author of Parāś'aramādhavīya 51, 115, 115n 4, 151, 269n 1
defends marriage with maternal uncle's daughter 128n 1
Madhuban Inscription 24n 3.
Madhuparka, offering of honey and curds, made to an ācārya or honoured guest 132n 5
Madhyadeśa, country between Himālaya and Vindhya 7.
Mahābhārata, 50, 128n 1, 179n 3
Mahābhāṣya, 245n 4
Mahālaya, a s'rāddha 147n 2.
Mahāpātaka, man guilty of, to be treated as dead by kinsmen 154n 3.
Mahāpātakas, 251n 4
Maiden, gifts on betrothal of, how disposed of if dying before marriage 190
succession to strīdhana of 191, 191n 1.
Maintenance, strīdhana of a woman to be taken into account in awarding 94n 1
Maitrāvaruṇa, an assistant of the Hotṛ priest, who loudly repeats the praiṣas 112n 1.
Man, who violated the duties of sannyāsa became slave of the king 236n 3.
Manager, debt of, binding on members of family when borrowed for family firm even without legal necessity 8n 2.
Maṇḍala, a country 81n 4.
Mānava-gṛhya 110n 1.
Mandlik, 169, 239n 2
Mandlik, criticized 1 v 3n, 6n 2, 8n 2, 15n 5. 28n 1, 31n 4, 35n 1, 36n 2, 40n 3, 78n 5, 81n 4, 88n 4, 90n 1, 91n 1, 100n 2, 101n 1, 110n 1, 117n 1, 128n 1, 143n 1, 195, 219n 2, 250n 1, 252n 1.
Māṇḍalika, a chief whose revenue is over 3 lakhs and below ten 84n 4.
Mantra, addressed to Vanaspati 51.
addressed to Soma 51n 1.
Mantras, for prāṇa-pratiṣṭhā 74n 1.
Manu, 2, 3, 7n 2 etc
held in high veneration by Bṛhaspati 141n 4
criticized by Bṛhaspati 141 n 4.
Marching, on ass through the street, proper punishment for brāhmaṇa offender 261.
on ass as punishment for a brāhmaṇa woman guilty of adultery with kṣatriya or vaiś'ya 269
on an ass in the streets, as punishment for rape 264.
Marīci, 227
Marriage, approved forms of 187n 3.
āsura form of, consists in paying bride-price to the father of the bride 189n 1.
eight forms of 187n 3.
four approved forms of, for brāhmaṇas 188.
forbidden with a girl whose father has the same gotra or pravara 127n 3
gāndharva form of, also approved for kṣatriyas 188
is gift of the bride to bride-groom who accepts it 83n 1, 84n 2, 189n 1
of a brāhmaṇa with his sister's daughter is void on the ground of sapiṇḍa relation, except for special custom 127n 1:
of brāhmaṇa with a s'ūdra woman held valid in modern times 97n 1
of unmarried coparceners need not be provided for at partition, according to P. C 102n 1.
only forms of, recognised in modern times, are brāhma and āsura 189n 1
presumption as to form is that it is in brāhma form 81n 2.
presumption of brāhma form, applies even to such Mahomedans to whom Hindu Law of succession applies 189n 1.

492 VYAVAHĀRAMAYŪKHA
with one's maternal uncle's daughter con-
flict of views about 129n 1.
Maruts, 48.
Māṣa, equal to five kṛṣṇalas 240n 2
of gold, was equal to five kṛṣṇalas 72n 2.
of silver, equal to two kṛṣṇalas 240n 2.
Master liable for servant's act done for his
benefit 241.
liable to fine for not paying wages to his
servant for work done 241.
Master and herdsman 245—247
Maternal aunt's son 165 n.
Maternal uncle, is a bandhu 164 n 1.
succeeds in preference to his son 164 n 1.
Maternal uncle's daughter, eligible for
marriage among southern brāhmaṇas 7
Maternal uncle's son as bandhu 165 n.
Mātṛkā fundamentals, 3 n 2.
Mātṛs, seven 48, 182.
Maula meaning of, (when applied to wit-
nesses) 32.
Maxim, see under Pūrva-mīmāṁsā and Jai-
mini.
about the setting apart of grains in view
of darśeṣṭi 175.
of apprehension of a thing not arising un-
less its attributes are first apprehended 78.
of bhūta (already existing things) being
mentioned for stating something bhāvya
(future) 121 n 2.
of cattle and the bull 3 n 1.
of cleansing the cup 42 n 2, 100 n 1.
of crow's eye 87 n 8.
of fire should not be kindled in the middle
regions nor in heaven 232 n.
of hetuvan-nigadādhikaraṇa 79 n 4.
of he plants the post half inside and half
outside the altar 168.
of lamp on the threshold 172.
of mīmāṁsā that the attribute of a sub-
ject in a vidhi is not to be taken literally
but only illustratively 144 n 3.
of niṣāda sthapati 115 n 1.
of staff and cakes 143, 148 n 1
singular includes plural 42 n 2.
that a general proposition is modified or re-
stricted by a particular one 263 n 1
that in one vidhi text the same word can
not be used in two senses 53 n 3, 81, 155 n 1
that those that come un invited should be
seated at the end 160 n, 161
that the first consecutive items are to be
taken in a series in the absence of special
reasons 117 n.
that all smṛti texts bearing on a topic are
to be read together and supplement each
other 170 n 4.
that in a single vākya there is to be a single
vidhi (and not two) 90 n 1.
that texts stating a reason for a rule are
recommendatory 116 n 1
Mayne, 186 n 2, 235 n 1.
Mayūkha, is of paramount authority in Bom-
bay Island Gujarat and North Konkan
169 n.
Medhātithi, author of bhāṣya on Manu, 90 n 1,
103 n 1, 107 n 2 123, 140 n 1 196 n 1
Merchants, appointed as sabhyas (members
of court) 5
Metals, extent of loss in weight of when
heated in fire 221.
Mīmāṁsā, vide under Jaimini 114 n 1 158 n 1
Mīmāṁsakas, 1 n 3,
regard anupalabdhi as sixth means of
proof 28 n 2
Minor adverse possession none against 30.
not a competent witness 33.
Misjoinder of causes of action 15
when improper 16
Mitākṣarā 7 n 1 18 n 2, 19 n 1 20 n 1 &c
accepted by Mayūkha expressly 119.
and Mayūkha, differing views of 100 n 3,
105, 107 108 156, 157 n 1 168, 171 n 2,
182 n 3, 185, 185 n 2.
Mithyā a kind of reply (viz. of denial) 14
of four kinds 14
Mlecchas disputes among, to be decided by
ordeals well-known among them 45.
Mortgage, by father if for antecedent debt,
binding on son 216 n 1
Mother adoptive succeeds in preference to
adoptive father where Mitākṣarā is of para-
mount authority 157 n 2
can succeed, even if she remarries provided
son dies after remarriage 157 n 1
does not include step-mother 157 n 1
entitled to a share whether partition took
place during or after father's lifetime 93 n 1
gets a share only if actual division takes
place 93 n 4
liability if for son's debt 220
not barred by unchastity from succeeding
to son 157 n 1
share of, on partition is not her strīdhana
176 n 2.