vyavahAra sthApana – determining valid and invalid transactions

The first aspect of dharmasthIyam is establishment of what transactions are valid and what are not. A legal suit can only be filed on valid transactions.

vyavahAra sthapana: A transaction taken place in absence of the party, done in closed manner without a witness, those carried out in the night, those who have been carried out in the forest (not in an administrative jurisdiction), those that are done by fraud or those in secret are INVALID.

The transactions in absence (tirOhitam) are many ways. If the money or things given in the absence of its owner (swami tirOhitam), a fixed asset transaction happening in a different place (dESa trirOhitam), a transaction based on an expired document (kAla tirOhitam) and a new transaction happening in absence of the document of a previous transaction (kriyA tirOhitam)

There are exceptions to the above rule. For example the transactions that happen between two fraudulent people need to be investigated. Those transactions happen in night naturally those who are active in night like vESyas and liquor sellers also need to be accepted investigation. A marriage called gandharva vivAha with mutual consent of the major bride and groom is valid. The transactions between forest dwellers, merchants travelling through forests are valid. and so on…

All the transactions that are concluded with full title, in proper time and place with administrative evidence are valid. And if there are multiple documents available the latest one is authoritative except in the case of a pledge. (in the pledge the oldest is authoritative)

vivAda pada nibandham: The second part is to document the complaint. When someone approaches the court, all the details of the complaint including the details of first party who is making the complaint and the second party i.e., the opponent, date and time of complaint, the office at which the transaction is carried out; details of the complaint in chronological order to be recorded by the writer at the court.

My notes:
The society runs on carrying out transactions. The leader / king will not influence the transactions between the members of society. When there is a litigation or disagreement between the parties involved in a transaction, the first thing is to establish the validity of the transaction under the litigation.  All the transactions are expected to be done in a fair manner with a witness and necessary administrative evidence of registration.

There are fines for filing false suites. Cases need to be dealt based on priority even when the formal complaint is not registered in the event of minors, women and other persons who can’t fight the legal battle when it comes to notice of the court.

1. The Law, 2. the particulars of the transaction, 3.the conduct of parties involved and finally the 4. order of the King are progressively stronger / powerful in deciding the result of any case.

The law is based on Truth; transaction is based of witness; past conduct is based on social view; and the order of King is based on consideration of all the other things.

When a King gives the punishment to the wicked King goes to heaven by upholding his own dharma. Otherwise, along with the wicked, king also goes to the hell. (Hell is nothing but a kingdom where the law and order are not there!)


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