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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.131

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.131

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English

v4.c63.131

The foregoing gradations of tribunals did not all exist at all times in ancient and medieval India. One thing is, however, quite clear. There was always a court of the Chief Justice appointed by the ruling power and final appeal lay to the ruler himself. But as regards inferior tribunals usage varied. For example, it appears from a decision of 1742 in which a ruling of king Shivaji about a Kulkarni *vatan* is set out that in Shivaji's time disputes could be taken before three different but inferior tribunals, viz. the *got* (i. e. the assembly of castemen) which is somewhat like the *kula* tribunal of the smṛtis, or before arbitrators hailing from a place other than where the dispute took place or before the officers, *balutedars* and chief men of several villages round about.³⁸⁵