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

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.

306 VYAVAHARAMAYUKHA
alienation by validated by consent of re-
versioners 151n 2
can adopt according to Madras decisions,
with husband's authority or authority of
his kindred 116n 2.
can adopt without husband's authority ac-
cording to Mayûkha, provided he has not
forbidden her 116n 2 117
cannot adopt at all according to Dattaka
mîmâṅsâ 116n 2.
cannot alienate immoveable property except
for legal necessity or with consent of pre-
sumptive heirs, according to modern deci
sions 151n 2.
cannot dispose of moveables by will 151n 2.
cannot sell immoveable property without
consent of kinsmen 151
even of an undivided coparcener entitled
to adopt according to latest P C. decision,
even without permission of husband and
without consent of coparceners 118 n.
expenses of pilgrimage of a legal necessity
if for benefit of husband's soul 152 n 1
gift by if consented to by reversioner
would be binding on him 151 n 2.
has absolute power over movables given by
the husband or inherited by her 181 n
has larger power over movables during her
life-time 157 n2.
has large powers of disposition for religious
and charitable purposes and for spiritual
welfare of husband 151 n1
has no unrestricted power to make gifts
even for the spiritual welfare of her hus-
band 152 n
if chaste and observant of vratas, goes to
heaven even without a son 152.
Widows, of gotraja sapindas are admitted as
heirs in Bombay on the ground of positive
acceptance and usage 160 n.
of gotraja sapindas, when taking as heirs
take only limited estates 160 n.
of gotraja sapinda, of one line exclude in
Bombay a male of a remoter line 160 n1
of person dying sonless and separated, has
no power of absolute disposal over property
inherited by her 151 n1
postponed to son of deceased though sepa-
rated 150 n1
remarried cannot give away in adoption
her son from first husband 101 n1
right of maintenance lost by unchastity
120 n3
should adopt with the consent of father-in
law or in his absence of husband's kindred
according to Mayûkha 182.
succeeds to husband's estate if she be
chaste 150.
Wife, if reunited with deceased husband is
postponed to males who are re-united 174
liability of, for husband's debts 220.
may alienate property for payment of even
barred debts of husband 152 n1
not competent to 'make a gift of even
movables 152 n
may forfeit her right of maintenance by
subsequent unchastity 158 n2.
not disqualified for inheriting husband's
estate, if husband condoned unchastity
150 n8.
not entitled to maintenance from separated
relatives of husband 152 n2
of an undivided coparcener was not en
titled to adopt without authority of hus-
band or his coparceners according to Bom
bay decisions. 118 n1
of a gotraja sapinda is excluded as heir by
any male of the same line 163 n1
Wife, share of, on partition between her
husband and sons, depends upon the ex
tent of stridhana 93-94.
Will, germs of, found in a verse of Kâtyâ-
yana 235, 235 n1
Wills, not recognised by ancient Hindu law
21 n1
Windows, not to be opened so as to command
a view into the apartments of others 210
Wives of persons excluded from inheritance
entitled to maintenance, if chaste 197
Witness a single generally not sufficient to
prove a cause 81
a single when sufficient to prove a cause
82.
a person having knowledge of a matter but
refusing to be a was to be fined 40.
one member of a joint family could not be
a, for another member 148.
one who deposes of his own accord without
being cited as, is not a proper 83.
Witnesses, 31-34
are those who have seen heard or experi-
enced the matter in dispute 81
faults of may be pointed out by opposite
party 54
how sworn, when of brâhmaṇa and other
castes 87

GENERAL INDEX 307
how to decide, when there is conflict of
testimony of 39
indications of falsity of 37.
latent defects in, must be declared by
opponent 36
manner of questioning 37.
meeting with calamity within seven days
after deposing, are to be declared false 40
men of all castes may be 38
minimum number of, requisite in a cause
31.
of twelve sorts, according to Bṛhaspati 31.
patent defects of, should be considered by
court of its own motion 35
proper, in disputes among untouchables
33.
to be examined in presence of parties 37
to be examined in presence of subject
matter, when 37.
to be examined, in presence of image of
S'iva in cases of homicide 38
what party's to be heard first 19.
when may depose falsely 41
when the only means of proof 21
who are declared to be generally incompe-
tent, may in exceptional cases be examined
34.
who are not fit to be 33
who are proper 32 - 33
Wives, if more than one, divide deceased
husband's estate 155
Woman, has no independence at any time
117
has no svātantrya over strīdhana ( except )
( saudāyika ) during husband's life though
she has svatva, 79.
Hindu, is not disqualified by reason of sex
from entering into a contract 180 n3
not a slave, becomes a slave if she married
a slave 239
passed by marriage into husband's gotra,
188 n1.
performing religious acts for her benefit
in the next world without permission of
husband, son &c does not get the fruit of
that act 117
retained her father's gotra, if married in
unapproved form or was made putrikā,
188 n1
who has been raped, to be given bare main-
tenance or to die if she chooses 264 - 265
whose husband is living can adopt with
husband's permission 182
whose husband is living has no absolute
dominion over stridhana, except as to sau-
dāyika 179.
Women, authorised to take part in Vedic
rites along with their husbands 115 n5
born in the family, take absolute estates
when succeeding as heirs 160 n.
by marriage pass into gotra of husband
160 n1, 117 n1.
entitled to adopt 115.
have no absolute dominion over immove-
able property given by husband 180.
have same rules of conduct prescribed for
them as s'ūdras 115.
none as heirs to males in the whole of India
except Bombay and Madras, unless they
are expressly named in the smṛtis 160 n.
not to give or receive a son in adoption
without husband's permission 115.
of northern India drank liquor 7.
only five, mentioned as heirs to males in
the smṛtis 160 n
proper witnesses in disputes among women
33.
when liable to be summoned to appear per-
sonally 10
Word, same, cannot be held to be used in
two senses in the same sentence 83
Work, divided into pure and impure by
Nārada 237 n1.
impure, what is 237 n1.
Yācita, a thing borrowed on a marriage or
the like occasion 92
Yācitaka, interest on, when allowed 139.
Yādṛcchika, a kind of witness 31.
Yajnas, five daily 145 n2, 146 n2
to be performed by manager of family alone
when it is re-united and all take food to-
gether
Yājnavalkya, 2, 3, 4, 5, &c.
Yama, 212, 269
Yarn, increase in weight of, when given for
being woven into cloth 224
Yati, excluded from a share 193.
texts about his exclusion from share do not
apply to s'ūdra ascetic 193 n2
Yautaka, kind of strīdhana 184
goes to unmarried daughters and not to
the son 184
Yogakṣema, 139. 140 - 141.
Yojana, equal to four kros'as 64.
Yukti, presumption from circumstances 27.