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

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

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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.

GENERAL INDEX 293
the reasons of the Mitākṣarā for preferring
to father 157 n 1
Mūla, seller of an article that is claimed by
another as his 220 n 5
Murali, held to succeed after all married and
unmarried daughters, as she was not a
kanyā 188 n
Murderer, disqualified from inheriting to per-
son murdered by him 191 n 3
Murderers punished with death and confisca-
tion of property 260
Naigama, trader not opposed to Veda 212,
242 n
Naikins, adoption of girl by, not recognised
by Bombay High Court 108 n 2,
adoption of girl by, held valid by custom
in Madras 108, 2
property left by, descends to daughter in
preference to her son 183 n.
Naimittika, prescribed on certain occasions
106 n 2
rites, 80 n 2
Naiṣṭhika (perpetual student) 167 n 1, 193
heir to, 167
Naivedya, 19 n 2
Nanda Paṇḍita, 118 n 1
recognises brother having same mother but
different father as an heir 158 n 1
Nārada, 4, 5, 8, 9 &c
Nārāyaṇa, author of Dharmapravṛtti, 147n1
Nāstika, meaning of 226 n 3
Nautch-girls, are open thieves, 256
Nayaviveka, a work of Bhavanātha 77
Negative particle, meaning of 232 n 1
Nibandha, meaning of, 25, 78 n 6, 142
Nidhi, treasure found buried in the earth
229 n 1
Nighaṇṭu 85, 184
Nigūḍhārtha, a kind of faulty reply (of mys-
terious import) 15
Nikṣepa, defined 222
distinguished from upanidhi 222, 222 n 1
Nīlakaṇṭha, criticized 38, 91n2, 95n3, 127,
143n2, 146n3, 157n1, 156n1, 161n2, 185n1,
193n1, 218n2
Nirābādha, disclosing no injury (plaint) 13
Nirartha, meaningless (plaint) 13
Nirindriya, explained 192 n 2, 193
Nirṇayasindhu, 190 n 3
Nirṇikta completely heard though not deci-
ded 40 n 3
Nirukta, 110 n 1, 274 n 4.
Nirvāpa, meaning of 175 n 2
E
Niviṣṭa, what is acquired by agriculture
trade and service 82.
Niṣāda, who is 115, 115 n 1.
entitled to perform Raudra sacrifice 115
Niṣkāsinī, meaning of 269
Niṣiddha, prohibition 231 n 3, 263 n 2
Niṣprayojana, giving no cause of action 13,
Nītimayūkha, composed by Nīlakaṇṭha before
the Vyavahāramayūkha 1 n 1.
Nītimayūkha, 262 n 5
Nitya, 80 n 2,
kind of rites 106 n 3
Niyama, restrictive injunction 105, 105 n 5,
106 n2, 112 n1.
better to construe a passage as niyama
rather than as a parisaṅkhyā 112 n 1
Niyoga, practice of 103 n 2
Non-delivery of sold chattel 244-245
Non-payment of wages 239-241
Nyāsa, often used as synonymous with
nikṣepa 221n 1
Nyāya, rule of interpretation 7n 1
Nyāyasudhā, commentary of Somes'vara on
Tantravārtika 128n 1
Oath, form of, in case of witnesses of brāh-
maṇa and other castes 39
is divine proof which determines a cause
after a time 43
man taking, to be declared pure if no for-
midable calamity due to God or king falls
on him within fourteen days 75
Oaths, 75-76
objects by which taken 43, 75
when preferred as means of proof 21
Oaths Act (Indian) 75n 2
Obstructions, in public roads forbidden 249
Offence, none if one beaten beats in return
or one abused returns it 253
Offender, to pay something to the person
struck and also to pay for medical charges
255
Ordeal, of balance 50 60
Ordeal, of balance, rites of 55
of fire, rites of 64-65
of heated mass of gold 72-73
of kos'a for finding out whether joint estate
has been concealed by some member 135
of poison 69-70
of poison or of water not proper for women
44
of water 66-69
to be undergone as a general rule by defen-
dant or accused 43

294 VYAVAHĀRAMAYŪKHA
when again to be undergone 54
without fine, when prescribed 42-43.
Ordeals 41 75.
all, except kośa may be administered to
brāhmaṇas 44
all may be administered to kṣatriyas
vaiśyas and s'ūdras 44
determines matter that cannot be decided
by human proof 41
dharma is principal deity to be invoked in
48n 2.
first five out of nine to be employed in
valuable matters 41
of two kinds, according as they determine
at once or after some time 41
of nine kinds 41
persons fit to undergo 44
persons undergoing should fast the previous
day 50.
procedure common to all 48-49.
proper place for undergoing various 47
proper times for several 46.
should be administered by judge in pre-
sence of king and brāhmaṇas 50.
when may be employed 42.
when to be preferred as means of proof 21.
when allowable 21.
when optionally allowed 22.
when undergone through a substitute 45-
46.
which out of nine appropriate for whom
44 45.
with fine on defeat, 42.
Ornaments, ownership in when given for
wearing to a woman 10 n 1
worn by a woman during her husband's
life-time should not be divided by kins-
men, acc. to Manu 181
Outcasts and their sons not entitled to main-
tenance 125
Owner of article lost and found by king's
officers could recover it from the king, if he
claimed it within one year 228.
of article lost and found by king could re-
cover it within three years, if a brāhmaṇa
228.
of land, entitled to material of house built
thereon without paying rent and without
an agreement 211
Ownership, causes of, understood from
worldly usage and not from śāstra 77
discussion of, useful in determination of
dāya 77
in villages and fields belongs to the holders
of land and not to the king 82.
is a capacity arising from purchase accep-
tance of gift &c. 77
none over one's wife according to Nīlakaṇṭha
82 n 83 84 n 2.
exists in one's wife and children according
to Mitākṣarā 82 n 2.
of son in ancestral property by birth 78.
of trees growing on boundary 250.
two views as to 78 n 3
Padārthakusumasmṛti 58 n 1
Pākhaṇḍin, meaning of 242.
Pakṣaikadeśavyāpī, a kind of faulty reply
(meeting only a part of the plaint) 15.
Pala, equal to 320 guñjas 61 n 2, 274 n 2.
Pala, giving of, does not constitute āsura form
189 n 1
Paṇa, is equal to one karṣa of copper in
weight 274
equal to 80 kākiṇīs in value 274 n3.
Pañcagavya a holy liquid prepared with five
products of the cow 3 n 1
Pāṇini 36 n 3, 101 n 2, 109 119 n3, 157 n1
158, 245 n 4
Parāśara, 115
Parāśaramādhavīya, 12 n1 14 n4 15n1, 22 n1
38, 47 n 4 143 n 2, 160, 180 n 2 190
213n 215 n 4
Parents, have power to give sell or abandon
a son according to Vasiṣṭha 110.
Pāridāyya, technical a kind of strīdhana,
meaning of 176 n 2.
Parikhāra meaning of 216.
Pārijāta 92, 92 n 1 146.
Pariṇāha meaning of 216.
Parisaṅkhyā permissive rule 106 n 2, 112 n 1
liable to three faults 106 n 2
Parivedana marriage of younger brother or
sister before elder 104 n 1
was a grave sin 104 n 1
Pārthasārathi 58 n 1 84
Parties, to furnish surety 19
unable to furnish surety were to be kept in
jail 20.
Partition, according to mothers 96.
after deduction for eldest son not practised
in the present age 91
among sons from wives of different castes
96-97
can be effected by father among his minor
sons inter se 80 n 1

GENERAL INDEX 295
circumstances decisive in proving a pre-
vious 111
clearly defines the prior undefined owner-
ship of several members 81
double share of acquirer on, even when
wealth acquired with detriment to paternal
estate 137.
fresh when ordered 119
fresh, when concealed wealth found 113
four times for, according to Mitākṣarā
88 n 1
illegitimate son of s'ūdra entitled to a half
share on 99
made by father, cannot be set aside if proper
92
marriage expenses of unmarried copar-
ceners need not be provided for on, accor-
ding to P C 102 n 1
may be claimed even by fifth or seventh
from common ancestor 96
may take place at the choice of the father
88
may take place when the mother is alive
87.
of coparceners possible even in the absence
of wealth by a mere declaration of intention
86
no division ordinarily of wells and rights
to water at 140
payment of debts of father, of family and
of manager on 134
permitted even when both parents are
living 87
per stirpes, 35, 35 n 1
share according to fathers on 94 — 95
proofs indicative of 148
property incapable by its very nature of,
139 - 140
property not liable to 135 - 141
provision to be made for saṃskāras of
younger brothers and unmarried sisters on
101
rights of son born after 99 - 100
share of acquirer on, in ancestral land if
acquired after being lost to family 136
share of mother on 93
share of step-mother on 93 n 1
share of paternal grandmother 94
takes place even against the father's desire
as regards ancestral estate 88
time of 86
times for, different according to the Mitā-
kṣarā and the Dāyabhāga 88.
two times for, according to Dāyabhāga 88 n1.
when reopened 143 n 2 and 3
wife entitled to a share on, when husband
and son separated 92
Partition Act 111n 2
Partner, act of one, binds all partners 230
acting negligently or without authority
was to make good the loss 230.
Partnership, 229, 231
Party, a losing 20.
characteristics of a false 20
Pārvaṇa srāddha, explained 121n
offerings to three paternal ancestors of the
mother in 124n
Paryudāsa, exception or proviso 232, 232n 1
Pasturage, how much ground set apart as
246
Pāś upatas, 242n
Paternal grandmother, first among gotraja
heirs 161
Patita, outcast
issue of, becomes patita except female
child, according to Vasiṣṭha 192n
rights of, to property safeguarded by Act
XXI of 1850 191n 3.
Patra, vehicle or document, 133, 139n 2
Paunarbhava, 103
Peheva Inscription, 242n 2
Penance, for deposing falsely to save one
from death 41
Per stirpes, rule of, applies to succession of
daughters' issue to strīdhana 185, 185n 3
rule of partition how applied 95n 1
is a special rule and does not apply to in-
heritance among remote heirs 95n 1
Persons, excluded from inheritance are en-
titled to maintenance 193, 195
who have entered into another order (than
householder's) not entitled to maintenance
195
Piṇḍasiddhi, a medical work 90
Pitā, means also one who initiates into Vedic
study by upanayana 130n 5
Pitāmaha, 10, 41, 44, 45, 46, 47, 48, 49, 50,
51, 52, 53, 54, 60, 61, 62, 63, 66, 67, 68, 70,
71, 72, 73
Pitṛbandhus, preferred to mātṛbandhus 164.
Plaint, amendment of 13.
contents of, in general 12.
" " in suits about immoveable
property 12.
characteristics of a good, 12.

296 VYAVAHĀRAMAYŪKHA
to be first written down on a board with
chalk by judge 12
change of averments in 18.
containing many causes of action not
faulty 18.
faulty characteristics of 18.
to be written down on a leaf or paper after
amendment 12.
rejection of, 18.
Plaintiff could put under restraint the de-
fendant, when 8.
Pleading, change of 18.
result of change of, in civil and criminal
disputes 18
Pledge, 201-206.
forfeited if amount due has become double
of principal lent or if time fixed has passed
204
if destroyed through fault of creditor he
has to pay the price thereof 203.
if damaged by creditor using it caused loss
of interest 202.
if lost or damaged except by the act of God
or the king, must be restored by pledgee
203.
of the gopya kind if enjoyed by the creditor
caused loss of interest 202.
prior prevails over subsequent transaction
of pledge, mortgage or sale if possession
taken 203n 8.
when creditor could sell 205
with satyaṅkāra, 205 205n 2.
Pledges, out of two, first in time prevails 204.
Ploughshare, ordeal of 78.
Poison, quantity of, administered in ordeal 69
stages of the workings of 6.
Possession 27 30.
adverse, none against whom 30.
becomes valid evidence, when accompani-
ed by a clear title 27
different periods of adverse, laid down by
different sages and writers 30n 1
for three generations, conferred ownership
when it is uncertain whether it originated
without title 29n 1
in order to be valid must possess five attri-
butes 28.
mere without any title cannot establish
claim during human memory 28.
necessary for validity of a transaction
against subsequent dealings 203n 3.
not absolutely necessary to constitute a
valid gift under Hindu Law 215n 1
the sole means of proof about use of doors,
water courses 21.
was the determining factor in a dispute
between two pawnees 204 204n 1.
when valid proof of ownership of land 28.
Prabhākara, a Mīmāṁsaka 1 v 3n.
Prachāra way of access to house &c. and
also pasture 141
Prāḍvivāka judge, defined 4
Praiṣa, directory formula 112n 1
Prajāpati 24 150, 173, 221
Prajñāpanāpatra, writing of request by king
26.
Prakīrṇaka, miscellaneous matters 272n 2
Prāṇa time required for repeating ten long
letters 54
Praṇava sacred syllable om 49.
Prāpti meaning of 27
Prāṅnyāya a kind of reply (former judg-
ment) 14 15.
how proved 16.
Prasāda-likhita writing of favour 25
Prastha, a measure of corn equal to four
kudavas 259n 1.
Pratiloma, marriages 37n 1
offspring of unions of males of lower castes
with women of higher castes 47 96
Pratiloma union, son of, not entitled to in-
herit 104 121n 4
Pratinyāsa, explained 231.
Pratīsāra, a substitute 238.
Pratiśrāva document of release from debt
213, 214n 1.
Pratinidhi a substitute or agent 11
Pratyāsatti (nearness) four meanings of
160n 1
Pratyavaskandana a kind of reply (special
plea) same as Kāraṇa 14
Pracāra meaning of 127n 3.
Pradaras, of ksatriyas 111n 2
Pracarādhyakṣa 187
Prāyaścitta punishment for offences was
looked upon as 8n 1
Prayājyas are kratvartha 105n 3.
Prayojaka urging motive 107 121n 1
Preceptor as heir 165.
not making way for punished with fine
2.
Prītidatta kind of strīdhana 176.
Privacy right of 219
Private defence right of 255n 2.
right of extends to causing death 251

GENERAL INDEX 297
Privy, not to be constructed very close to
the wall of another 249
Proof, divine means of, not to be resorted
to when human means available 21.
either human or divine 20.
means of 20-21.
three varieties of human means of 20
Property, once vested in a man cannot be
divested by the subsequent removal of a
a defect from one who was excluded 192n 1
stolen by thieves, must be restored by king
229
Propinquity, if equal, all divide heritage
equally 162.
to deceased, the determining principle as
to right to succeed 188
Prostitution, does not sever tie of blood 183n
Pṛthā, adopted by Kuntībhoja 129n
was a kevala dattaka 129n
Pūga, a village panchayat, defined 5n 1
meaning of 242, 248n 1
Punishment, corporal, for those who dress
as ascetics and deceive people 256
for abettors 260-61
for adulteress is not death but lopping off
of ears &c.
for adultery by fraud 365
for adultery, varied with the castes of the
parties 265
for brāhmaṇa guilty of rape of a brāhmaṇa
woman 264
for causing wrongful āsedha (arrest or re-
straint) 9
for embezzling property of gana or violat-
ing usages of gana 243
for falsely disputing a partition already
made 149
for highway robbery 257.
for him who adduces false witnesses 37.
for him who does not return a deposit on
demand or demands a deposit when he
made none 222
for house-breaking at night 257
for kidnapping a male or a woman 258
for kidnapping a married woman or maiden
258
for kidnapping women 258.
for murderers 260
for one who incites to sāhasa 264
for one who, though summoned as defen-
dant, does not obey 10
for pickpocket and cut-purse 257.
F.
for putting under āsedha those who do not
deserve to be so put 9.
for rape on a brāhmaṇa woman by a ksa-
triya or the like 264.
for sexual intercourse with female ascetic,
light according to Manu and Yāj, but
heavy according to Nārada 268n 1
for sexual intercourse with kept mistress of
another same as that for intercourse with
another's wife 269
for slander of a woman, whether true or
false 270
for stealing cows or cattle 258
for stealing gold, silver &c 258
for those who expound portents without
knowing about stars &c 256
for those who give food or shelter to thieves
or do not arrest them when able 259
of cutting of that limb with which a brā-
hmana is struck by a non-brāhmana 254
of cutting of tongue for s'ūdra reviling a
brāhmaṇa, or for loudly reciting Veda
252
of quacks 256
when not inflicted for breaking āsedha 9
Pupil, as heir 166
Purāṇas, 6
contain many pratices opposed to smṛtis
91.
Purchase, in market overt was blameless 226,
may be rescinded within a certain time
243
of article, without examination, could be
rescinded within a certain time 243
time allowed for rescission of, of various
articles 243.
Purchaser,
from an unauthorised slave or from a bad
character or at a low price, was guilty like
a thief 226
had to produce the seller or to prove sale
in market overt, in order to escape the
claim of the real owner 227
to bear loss, if it be due to his own fault
244.
Purport, means for arriving at the correct
purport of a passage 124n 1
Pūrta, tanks and works of public utility 141
Puruṣārtha, concerned only with the agent
or his motives, 105, 105n 2.
Pūrvāhna, the first third part of a day 47n 1

298 VYAVAHĀRAMAYŪKHA
Pūrva-mīmānsā 42 n 2, 51n 2, 87n 2,
83n 3, 84, 81n 1, 85, 90 n 1, 105n 3, 112n 1,
121n 2, 123, 145n 1, 170n 2.
Pūrvapaksha, plaint 10
Pūrvavādin plaintiff or one who enjoyed
first 19 n 1.
Put, hell son saved father from 108 n 1.
Putra, stands for son, grandson and great
grandson 109 n 3
Putreshṭi, to be performed before adopting a
boy if his chūḍā performed in family of birth
119 n 3.
not necessary according to decisions 119 n 2.
Putrikāputra 103.
of two kinds 103, 104
Quacks, punished like thieves 250.
Raghunandana author of Dāyatattva 43n 4
Raghunandana, 43, 56, 61 n 2, 74 n 3, 81 n 2.
was styled Smārta 115.
Rājamārga defined 249
Rājaśāsana, a royal writing of three kinds
23.
Rākshasa, form of marriage, wherein bride was
forcibly carried away 84 n 2
Rateable distribution of assets of debtor 213
218 n 8.
Reasoning, is of greater authority when two
Smṛtis are in conflict 7
if decision void of, loss of dharma results 7
Receipt, of instalments of debt paid by
debtor were to be passed by creditor 218.
Recognised agents for parties when allowed
11
Religious duties, of brothers, who have not
kindled sacred fires, are single and not se-
parate 145
of undivided persons, are to be performed
separately for each in case of śrauta and
gṛhya fires 145.
Religious rites, are one and not separate in
the case of undivided coparceners 144
Remarriage of widows, takes place by custom
218 n 1.
of widows, prohibited by Manu 218 n 1
Reply blending of several kinds of 15.
burden of proof in the several kinds of 15-16.
of defendant to be written down in plaintiff's
presence 14
of four kinds 2 n 1, 14.
what is a faulty 15.
Rescission of purchase 243, 244
of purchase of land 243.
Res Judicata, 15.
plea of, how proved 16.
Resumption of gifts 231, 235.
Re-union, none possible between sons of sepa-
rated brothers 168.
requisites of 168.
Re-united member succession to, is by sur-
vivorship 168 n 5.
Review of judgment 274
Ṛgveda, 51, 51 n 1, 55, 56, 57, 58, 60, 68 n 1,
110, 133, 275 n 1.
Rice, ordeal of 71, 72.
employed only where dispute relates to
money 71 n 2
Riktha meaning of 77, 77 n 5.
Rikthagrāhaḥ meaning of 218.
Rites, religious, of three kinds 80 n 2.
Robbers, on highway hanged by the neck
from tree 257
Rudra, called ātatāyin 261 n 4.
Rudras, eleven 48.
Rudradhara author of Śuddhiviveka 115 n 1
Rule of, of division per stirpes applies to
daughter's issue succeeding to strīdhana
165.
Rule, that Mitāksharā and Mayūkha to be
construed so as to harmonize with each
other wherever reasonably possible 150 n.
Rules, about constructing privies, urinals
pits &c. near houses 240
Śabara, bhāshya of 84 n 3, 85 n 1, 160 n.
bhāshya of, commented on by Bhavanātha
77 n 2.
Śabda, grammar 5.
Sabhā hall of justice, 3.
Sabhika, superintendent of gambling appoint-
ed by king 270
Sabhyas members of court appointed by
king 4
number of 4.
qualifications of 4
Sādhyapāla a bailiff duties of, 5, 8.
was to be a Śūdra 5.
Sāhasa heinous offence—260—265.
Sāhasa adultery and harshness of speech and
assault are varieties of, 2, 3.
four kinds of, 3, 260.
heinous or felonious offence implies force
260 n 1.
three degrees of 260.
Sahodhaja 103.
Śālaṅkiris are subdivisions of katas who are a
branch of Viśvāmitra gotra 128 n.
Śālāla, 146.

[Header]
GENERAL INDEX
299

[Left Column]
S'ākhā, the primary factor in family (?) 107 n 1.
86 n 1, 98 n 4, etc. 107 n 1.
S'ākhā, 201
Sale by a non-owner, defined 217
in dark or outside 217
can he sue owner or is transaction cancelled 220.
may buy a double if he is bona fide purchaser
when liable to rescission 218.
Sale without ownership 215—220
Samāhāra, explained 3, 211 n 1.
Sampradāna, to be preferred to, 103, 164 n 1,
165 n 2
Sampradāna, meaning of 103, 163 n 2
Sāmaratna, 74 n 2.
Sampradāna when not complete 241
Samvartaka, a work of Nīlakaṇṭha or
dir... in Vyavahāra Mayūkha in halahar 71.
Samaya Anapākarma, viz. violation of conventions 211
Sambandha, relation of parties after a transaction 27.
Sam'skāratattva, a work of Raghunandana, 115 n 3.
Sampratipatti, a kind of reply (viz. of admission or confession) 14
Samtaraṇa, defined 249.
Samsthāna, what are obligatory 102 n 1.
of sisters to be provided for by brothers out of ancestral estate 102
Samskāra Kaustubha, 118 n 1.
Samskāramayūkha, 121 n 2.
Samsṛṣṭa, two meanings of viz. full brother and one re-united 172.
Samvarta 6.
Samvid, a settled convention or usage 212 n
Samvit-patra, deed of conventions 23
Sandigdha, a kind of faulty reply (ambiguous) 15
Sandhi-patra, deed of peace 23
Sangraha, a work 22.
Sangrahakāra, 12 n 1
Samkalpa, meaning of, 132
S'aṅkara, bhāṣya of, on Vedāntasūtra 160 n.
S'aṅkara, father of Nīlakaṇṭha 1 vv 2—3, 113 n.
S'aṅkara, the presiding deity of Benares 1v2
S'aṅkha, 79, 88 n 3, 136, 174, 190
S'aṅkha-Likhita, 61, 89, 91, 141 n 2, 198, 268
Sānnāyya, mixture of curds and milk offered to Indra 49 n 4

[Right Column]
Sapiṇḍa, ... of birth and death are anterior to the marriage of 95 n 5.
Sapiṇḍa, meaning of, according to Mitākṣarā 114 n 1.
whoever is nearest to the deceased [is the] heir 141.
Sapiṇḍa, according to Vyavahāramayūkha 100 n.
Sapiṇḍa relationship arises from having particles of the body of the same common ancestor 159 n 2
co-extensive with the text 164
extends only up to five degrees in case of mother 101 n 1
extends to seven degrees on father's side and five on mother's 159 n 2.
important in three respects, viz. marriage, inheritance and as'auca 114 n 1.
limits of 159 n 2.
Sapiṇḍīkaraṇa as an upakarana
Sapiṇḍīkaraṇa, (svīkāra) explained 121 n, 122 n 2.
S'ambhunātha śikṣā 180 n 3.
Saptapadārthī, a work of S'rīdharabhaṭṭa 130, 131 n 1
Sa, pratibandha (dāya), defined 86.
succession to 150 ff
Sarasvatī, oblation of rice to, as penance for deposing falsely to save one from death 41.
Sarasvatīvilāsa, 160 n 2
Sarvadhikāri, rules of, about bandhus 165 n.
S'atapatha brāhmaṇa 110, 175
Saudāyika, a gift from affectionate kinsmen 185, 189.
kind of strīdhana 180, 190 n 2.
includes husband's gifts according to the Dāyabhāga 180 n 2
women have absolute power of disposal over 180.
S'aunaka, 83, 107, 109, 110.
S'aunga S'ais'iri, cannot marry with persons of Vis'vāmitra or Bhāradvāja gotra 128 n.
S'auryadhana, explained 138.
Sea voyage, to a distant land, led to exclusion from inheritance 133.
Secondary son, takes only one-fourth of a share, if aurasa be born provided that he is of the same class 125.
Self-acquisition, what is 88
Seller, to bear loss by act of God or the king, if he did not deliver on demand by buyer 244

800 VYAVAHĀRAMAYŪKHA
Servants, of three grades, according to Bṛhas-
pati 235.
S'eṭa, 112 n 1.
S'eṭin, (principal) 112 n 1.
Setu, dike, or watercourse 250 n 1.
not to be dug in another's land without his
permission or without giving him considera-
tion 250.
Severance from family of a coparcener effect-
ed by an unequivocal declaration of inten-
tion 86 n 1, 86.
Shaving of head, punishment for brāhmaṇa
251.
as punishment for brāhmaṇa woman guilty
of adultery with kṣatriya or vaiśya 260.
Siddhānta-kaumudī a work on grammar
157 n 1.
Śikhāvṛddhi, kind of interest 108.
Sīpāyiśa, explained 223.
Sīmāpatra, deed of boundary 23.
Sin, incurred if nitya and naimittika acts
were not performed 106 n 3.
Sins, five mortal 11n 3.
Śīrṣakastha undergoing fine consequent up-
on defeat 41.
Sister full, succeeds in preference to half-
brother where Mayūkha is paramount au-
thority 167n.
full, takes before half-sister 162n
is a gotrajā but not sagotrā 161.
not an heir in Benares and Bengal 162n.
not mentioned as gotrajā by Mitākṣarā
162n
postponed to half-brother's son, where
Mitākṣarā supreme 102n.
preferred to step-mother or paternal first
cousin 162n.
succeeds after paternal grandmother 161
takes an absolute estate in Bombay 162n
poverty is no ground of preference among
162n
quarter share for in Yāj. means as much
as will suffice for marriage 102n 1
Śiva, swallowed Kālakuṭa poison produced
at the churning of the ocean 69n 1
Slander of a woman, punished even if accusa-
tion true 270.
Slave a man can be a of one of the same
varṇa as himself or of one of a higher varṇa
230, 236 n 2.
emancipation of, how effected 239
female 1 to be made free if master has
intercourse with her and a child is b-
238.
fifteen kinds of, according to Nārada 85
237
has no property in what he acquires 179.
if made by force or by robbers, is releas-
by order of king 238.
of one cannot be free by going over to a-
other 238.
wealth acquired by a, belongs to master 23
wealth of, acquired by selling himself
through master a favour does not belong
master 239 n 2.
who saves his master from danger to li-
became a free man and got a son's sha-
in his master's wealth 237
Slavery limited to the three classes oth-
than brāhmaṇa 236
release from, how effected 237-239.
to be in the descending order of the varṇas
236.
Smārta-bhaṭṭācārya a title of Raghunan-
dana 56, 76.
Smārta a kind of witness 81
Smārta kāla, period of human memory
28n 1
Smṛti, more authoritative than Ekaśṛ 91n 2
Smṛtis, to be read together and supplemen-
each other 170n 4
Smṛticandrikā 12n 1 and 3, 15n 2, 35n 2
47n 3 &c.
criticised by Mayūkha 173.
Smṛtisamuccaya a work 147
Smṛtisaṅgraha a work 7 n 1 78, 85 86.
Smṛtisāra a digest of Hariṇātha 115n 3.
Sodaka, same as Samānodaka
Someśvara author of commentary called
Nyāyasudhā on Tantravārtika 128n 1 129n
Son, adopted, takes 1/4 if aurasa born after
adoption 116.
an only could not be adopted, according
to text and older cases 111n 4.
an only can be now adopted 111n 4
born after partition shares with son re-
united after partition 100
bound to pay father's debt only when he
was twenty years old, according to Nārada
215
bound to pay only principal of suretyship
debt of father if he received no assets 204n
bound to pay suretyship debt of father but
without interest according to ancient autho-
rities 207

GENERAL INDEX 301
cannot in life-time of father sue the father
and paternal uncles for partition of his
share 87 n 4
eldest, adoption of 107, 107 n
eldest, entitled to take family idol and pro-
perty appertaining thereto 91 n 4
eldest, to look after family affairs when
father old, or is gone abroad, or is afflicted
89
eldest, was given a special share, according
to Manu 90.
has right to demand partition of both
movables and immovables 92n 2
illegitimate, of a male of three higher castes
from a s'ūdra woman, entitled to mainte-
nance only 97
illegitimate, of a s'ūdra is entitled to a share
after father's death 99
liable to pay father's debt with interest
214.
liable to pay father's debt, even if he took
no wealth, according to ancient law 216
liable to pay father's debt, even when father
living, under certain circumstances 215
not liable for father's debt when father's
liability arises directly from a criminal act
(such as a breach of trust) 217 n 1
not liable to pay father's debts for wines,
lust, gambling, for idle promise &c 216.
of brāhmaṇa from a s'ūdra woman took 1/10
of his father's or uncle's estate 97 n 1.
of surety liable to pay, if father stood surety
for payment 207, 207n 2
of surety, liable to pay, if father stood
surety for payment or appearance 207
only, should not be given in adoption ac-
cording to Vasiṣṭha 116.
of a patita (outcast) born after commi-
ssion of censured act does not get a share
196.
ownership of, in ancestral property equal
to that of father '78.
rights of, when born after partition 99-100.
saved father from debts, highest and lowest
195.
saves father from 'put' hell 108n 1, 195n 1.
though not re-united takes in preference
to any other person, who is re-united with
the deceased 171
though separated from deceased father, pre-
ferred as heir to widow of deceased 150n 1.
takes non-technical strīdhana to the ex-
clusion of son's son 187n 2
G.
to pay his mother's debts, if she is poor and
even if she forsakes him 221, 221n 2.
was not bound, according to some writers,
to pay any suretyship debt of his father 208n.
who is re united takes in preference to
another son who is not re-united 174
Son and grandson, both liable to pay surēty-
ship debt with interest, where ancestor
became surety after receiving monetary
consideration 208
Son, grandson and great-grandson liable to
pay debts of ancestor to fullest extent, if
they received ancestral estate 208n, 214n 4.
Sons, include grandsons and great-grandsons
in certain cases 186n 2
liable to pay debts of father before grand-
sons, according to Mit 215n 1.
of brāhmaṇa from wives of different castes,
shares of, on partition 96, 103n
of persons excluded from inheritance get
a share, if themselves free from defects 136
only two kinds of, recognised in modern
Hindu Law 103n 2
principal and secondary 103.
secondary, prohibited in Kali age, except
dattaka 104.
secondary, succeeded in the order enumerat-
ed if ascertained to be of the same class as
the reputed father 103n 2.
succeed to non-technical strīdhana in pre-
ference to daughters, according to Mayūkha
187.
take technical strīdhana in the absence of
daughters and their issue 186
Son's daughter, not a gotraja according to
Bombay decisions 162n.
Śrāddha, ābdika, meaning of 151n 1.
monthly 151n 1.
six-monthly 151n 1
Śrāddha, vide under Vṛddhi-s'rāddha.
Śrāddha-Mayūkha 167.
Śrāddhas, subdivided into pārvaṇa and
ekoddiṣṭa 123n 3.
Śreṇī, 'guild of persons, 5, 6, 242.
as a tribunal 5, 6
Śreṇīs, guilds 33.
proper persons to be witnesses in disputes
between 88
Śrīdhara, commentator of Bhāgavatapurāṇa
91n 2
Śrīdharabhaṭṭa, paternal grand-uncle of
Nīlakaṇṭha and author of Sāpiṇḍyanirṇaya
131n 1,

802 VYAVAHĀRAMAYŪKHA
Śrīkṛṣṇa Tarkālaṅkāra, 78n 4.
Śruti, more authoritative than smṛti 91n 3
Staff, given to sacrificer on initiation 112n 1
Stare decisis, principle of, applied 159n.
State, not owner of all lands, but is entitled
to levy tax 89
Step-mother entitled to share on partition
between her husband and step-sons 98n 1
Steya theft, distinguished from sāhasa 250n 1
Sthāna, same as krama.
Sthānakṛta, a kind of document 22.
Stridhana, cannot be disposed off by a woman
by will where husband survives her and
does not consent to will 180n 8.
divided into pāribhāṣika and apāribhāṣika
by Mayūkha 176n 2.
four different modes of succession to ac-
cording to Mayūkha 182n 8.
given widest meaning by Mitākṣarā 16n 2.
heirs to, after husband or parents, accord-
ing to Bṛhaspati 189
husband has no dominion over wife's 181
husband is not master of, when children
living 187
if consumed with a woman's consent should
be restored without interest 181
meaning of, restricted by judicial decisions
176n 2.
non technical, taken by sons in preference
to daughters, according to Mayūkha 187
of anvādheya kind, taken by sons and
daughters together 183n.
of six sorts, according to Manu 16.
of woman married in āsura form and dying
without issue goes to parents 189
order of succession according to Mitākṣarā
and Mayūkha 162n 1.
power of woman over is subject to control
of husband, except as to saudāyika 180n 8
promised by husband must be paid by sons
as if it were a debt 178.
property acquired by adverse possession
whether becomes 177n
property acquired by a woman by mecha-
nical arts or from a stranger is not 179
179n 2.
property given by will is anvādheya 183n.
property inherited by a female from a male
or female is not according to P C in all
provinces except Bombay 16n 2.
share obtained by mother on partition with
sons is not 16n 2.
succession to anvādheya kind of 182.
succession to maiden's 191, 191n 1.
succession to, not precluded by unchastity
183n.
taken by father's heirs when woman dies
without issue and marriage was in un-
approved form 187
taken by husband's heirs when woman dies
without issue and marriage in approved
form 187
technical heirs to 184n 3.
unchastity of daughter no bar to her in-
heriting mother's 191n 8.
what is according to Yājñavalkya 177
Student, perpetual excluded from share 103.
Subhadrā not a real sister of Kṛṣṇa, but only
a cousin, according to Tantravārtika 128n
129n
whether maternal uncle's daughter of
Arjuna 128n 1
Sub-mortgage, 24
Subrahmaṇya a priest who is an assistant
of the Udgātṛ 90n 2.
Subrahmaṇyā loud invocation addressed to
Indra in Jyotiṣṭoma 90n 2.
Substances, useful in sacrifices, are kratvar-
tha 105n 8.
Succession, to anvādheya strīdhana 182,
183n.
to re-united coparcener 170ff
to re-united members is, as a general rule
by survivorship 173n.
to sapratibandha dāya 150ff
to śulka 190.
Sudarśanācārya commentator of Āpastam-
bagṛhya 109 n 1
Śuddhidīpikā, a work of Rudradhara 115
115 n 1
Śūdra abusing a brāhmaṇa was to suffer
corporal punishment 252.
cannot be given away in viśvajit sacrifice
85 n 1
could enter the order of sannyāsa accord-
ing to Nīlakaṇṭha 236 n 1
could not be appointed judge or councillor
1
could not be a sannyāsin according to
dharmaśāstras 236 n 1
entitled to adopt 115
may perform homa in adoption through a
brāhmaṇa 115.
fined for making livelihood by passing him-
self off as a brāhmaṇa 274

GENERAL INDEX 303
has to serve persons of the three higher
castes 85 n1.
if a party to a litigation was to be chained
when unable to furnish surety 20.
ordeal of poison and of heated golden māṣa
proper for 44.
penance for, for deposing falsely to save a
man's life 41.
punished for wearing marks peculiar to
twice-born men 271.
punishment for, having intercourse with
women of higher castes 267
striking one of a higher class was to lose
the limb with which he struck 254
to adopt a daughter's or sister's son first,
if available 112 n1, 182
S'ūdra ascetic, heir to 167 n2
Śukranītisāra, 81 n4
Śulka, kind of strīdhana defined 178, 178 n1
Sumantu, 261
Summoning, of defendant, rules as to 9
Sunday, the most proper day for undergoing
ordeals 47
S'uṅgas, a subdivision of Bhāradvāja gotra
128 n,
Sureties, 206-209
liabilities of several 208-209
who cannot be accepted as 19
Surety, member of undivided family could
not be, for another member 148
of three kinds according to Yāj 206
of four kinds according to Bṛhaspati 206.
taking of, from a man who speaks of in-
juring others 252
to be taken from plaintiff and defendant
19
when made to pay by creditor entitled to
demand double from the principal debtor
209
Sutherland, 119n 2
Suvarṇa, equal to 16 māṣas 240n 2
Sva, meaning of 84
Svairiṇī, meaning of 269.
Svastivācana, 56n 1, 132n 3
Svatva, distinguished from svātantrya 79.
Svayam-datta, a kind of secondary son 103.
Sviṣṭakṛt (fire), homa is offered to, at the
termination of a sacrificial act 110n 2
Swearing, by feet of idols or brāhmaṇas
did not decide finally till lapse of certain
days without befalling of divine or royal
displeasure 248n.
Tadguṇa-saṁvijñāna, a variety of bahuvrīhi
146n 4.
Taittirīya Āraṇyaka, 57
Taittirīya-saṁhitā, 108n 1, 175n 1, 195n 1,
232n.
Tantra, meaning of 109, 145n 1.
Tantratā, single joint performance 49
Tantraratna, a work of Pārthasārathimis'ra,
explaining S'abara and Kumārila 84, 84n 3.
Tantravārtika, 85n 1, 128n 1
Taxation, none on lands and houses donated
to learned brāhmaṇas 242.
Telang J 186n 2
Theft 255 ff
loss by, to be made good by surrounding
villages, if committed beyond one kros'a
from a village 258
loss by, to be made good by village if com-
mitted within its borders and footmarks
do not go out of it 258
loss by, to be made good by sāmantas and
governors of districts 258
loss by, to be paid by village to which foot-
marks of thief traced 258
of horses and elephants and metals, how
punished 258.
Thief, duty of catching a, on the owner of
land where theft committed 258
to restore price of thing stolen in addition
to punishment 259
Thieves, nine kinds of 257
of two classes 256n 2
open, who are 255
secret, who are 257
Time, proper for investigating causes of liti-
gants 6
Title, sources of, seven according to Manu
226n 3
Todarānanda, a work 31.
Todaramalla, compiled the encyclopaedia
called Todarānanda 31
Tongue, cutting off, as punishment 252
Transfer of Property Act 218n 2
Transgression of conventions 241-243
Treasure, if found by king was to be divided
by him between himself and brāhmaṇas
229
if found by learned brāhmaṇa was to be
taken entirely by him 229.
if found by one not a brāhmaṇa, how dis-
posed of 229.