History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.77

v4.c63.77

Contract Quasi-contract Tort Contract Quasi-contract Tort ``` divide the vyavahārapadas into civil and criminal. They more or less deal with most of the subjects brought out in modern classifications but not in an orderly manner. They also divide laws into substantive and adjective or procedural. The vyavahārapadas correspond to the former and the rules about procedure, the appointment of Judges and the constitution of courts, evidence and limitation are adjective law. Some of these are dealt with in the commentaries and digests under a section called *vyavahāramātṛkā* (the elements of judicial procedure) and the rules of evidence are stated in Yāj., Nār. and others under the vyavahārapada ṛṇādāna once alone. It would be more convenient to deal with adjective law first. That law is now of antiquarian or academic interest only and will therefore be treated somewhat briefly. The smṛtis lay down a high level of judicial procedure, but the procedure must have been modified to suit the requirements of different times and the resources and inclinations of different kings. Some of the vyavahārapadas viz. *ṛṇādāna* (recovery of debt), *strīpuṁsayoga* and *dāyabhāga* (partition of heritage) are of great practical importance even now, as all Hindus are governed in matters of partition, inheritance, debts, marriage and sonship by the rules of Hindu Law gathered from the Smṛtis and digests as modified by legislative enactments and judicial decisions. For description of Judicial administration in the Buddhist texts and times, vide Fick pp. 107, 111-112 (which show that the administration of justice in Vesāli, the capital of the Licchavis, was a complicated affair, one of the courts being that of the *aṭṭhakulakas* i. e. of eight heads of families), Jayaswal's 'Hindu Polity', part II pp. 156-157, Hiouen Thsang's account in Beal's B.R. W. W. Vol. I. pp. 84-85; and Bombay Gazetteer, Vol. 24 pp. 266-267 (for the administration of Justice under the Marathas).