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

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.