A decision must not be made solely by having recourse to the letter of written codes ; since, if no decision were made according to the reason of law, ('or according to immemorial usage ; for the word yucti admits both senses,') there might be a failure... Digest of Hindu Law, on Contracts and Successions - Page 93by Jagannātha Tarcapańchānana - 1874Full view - About this book
| Asia - 1819 - 656 pages
...explanation by Tercapanchinana and thus translated in the Digest (see page 128, vol.21, "Brihaspati.") "A decision must not be made solely by having recourse...both senses) there might be a failure of justice." The jurists of India (of the south at least) interpret what is here called the " reason of the law,"... | |
| Sir Francis Workman Macnaghten - Hindu law - 1824 - 624 pages
...next in order is heir, and presents funeral oblations oa failure of the preceding." Vrihaspati: — " A decision must not be made solely by having recourse...decision were made according to the reason of the laic, or according to immemorial usage (for the word yucti* admi s both senses,) there miyht be a jailure... | |
| William Hook Morley - 1850 - 1080 pages
...final authorities, even where they do treat of law. Vrihaspati says, " A decision must not be made by having recourse to the letter of written Codes...decision were made according to the reason of the Law (or immemorial usage), there might be a failure of justice."2 The Mánava Dharma Shástra itself is, indeed,... | |
| Shama Churun Sircar - Hindu law - 1867 - 1246 pages
...dispencers of justice, more specially when it is reasonable as well as religious. Thus VKIHASPATI : " A decision must not be made solely by having recourse to the letter of the written code ; since if no decision were made according to reason, of the law, there might be failure... | |
| Standish Grove Grady - Hindu law - 1868 - 582 pages
...by all the schools, are no longer final authorities. Vrihaspati says, " A decision must not be made by having recourse to the letter of written codes,...were made according to the reason of the law, (or immemorial usage,) there might be a failure of justice," 2 Coleb. Dig. 128, 2d Ed. The Manava Dhanna... | |
| Louis Arthur Goodeve - Law reports, digests, etc - 1870 - 982 pages
...further than the requirements of that particular case. " Decision must not be made," saya Vrihaspati, " solely by having recourse to the letter of written...decision were made according to the reason. " of the law, there might be a failure of justice." That this rule of construction is perfectly consistent with the... | |
| Herbert Cowell - Courts - 1870 - 402 pages
...development of Hindu jurisprudence, laid down that " immemorial usage legalizes any practice," and " a decision must not be made solely by having recourse...the reason of the law, or according to immemorial usage,f there might be a failure of justice ; " and again, " a man should not neglect the approved... | |
| Standish Grove Grady - Hindu law - 1871 - 380 pages
...by all the schools, are no longer final authorities. Vrihaspati says, " A decision must not be made by having recourse to the letter of written codes,...were' made according to the reason of the law (or immemorial usage), there might be a failure of justice. The Manava Dharma Shastra itself is indeed... | |
| Shama Churun Sircar - Hindu law - 1878 - 1068 pages
...:• — "If two texts differ, reason ( or that which it best supports ) must in practice prevail'^ " A decision must not be made solely by having recourse to the letter of the written codes ; since, if no decision were made according to the reason of the law,Ł there might... | |
| Shama Churun Sircar - Hindu law - 1878 - 1064 pages
...in practice prevail."! " A decision must not be made solely by having recourse to the letter of the written codes ; since, if no decision were made according to the reason of the law^J there might be a failure of justice § So, according to the text of Grihya-kdrikd cited ( as... | |
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