Judicial procedure

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Information about Judicial procedure
Law

Published on June 28, 2014

Author: vissu.madasu

Source: slideshare.net

Judicial Procedures

Plaintiff A plaintiff first filed plaint before the registration officer (Lekhaka). The plaintiff could speak with out any hesitation or fear in front of king or judge regarding his complaint. The plaintiff should under went a viva voice examination in open court, before issuing the summon to the defendant. The plaintiff should give sufficient information regarding his complaint and he should pay court fee.

• The year and month • The fortnight( bright or dark) • The tithi ( lunar day) • The time ( of enjoyment of the property in dispute), • The location ( of the land .etc) • The country • The place ( village .etc) , the caste or species • The position of the body • The age • The dimensions or measurements of the thing sought to be recovered • The material in dispute • The amount • Plaintiff’s name (with father and grand father ) • The name of the king • The injury or loss ( caused by the defendant) • The person who got the property ( by gift or sale etc) • The donor ( or transferor) • The reasons why the plaintiff submitted ( to the enjoyment of his property by the defendant for a time )

He had liberty to amend the plait before the written statement was filed by the opposite party. Suits should not be entrained between teacher and student husband and wife master and servant (Manu) In case of more than one complaint at the same time, preference must be given on the basis of the varna of the plaintiff. (Katyayana) Priority should be given to a plait where the injury was greater or cause more important requiring immediate attention.

Defendant When the judge found that matter was legally acceptable, he delivered a sealed order to the defendant to attend before the court. If he fails to appear before court he is liable to be fined • The compliant should be read out to the defendant and his reply should be recorded in writing. ( like plaintiff) • Defendant had to give immediate reply in urgent and important cases.

• Defendant should place his reply without any contradictory, incomplete, ambiguous, irrelevant, inadequate information. • The defendant’s reply was require to meet the points raised in the plaintiff without deviating from truth and without any confusion. • Generally adjournment ranged from one day to one year. • Katyayana opposed adjournment of cases, to avoid complication and normal of course of judicial procedure.

The ordinary procedure in trails was by evidence, while in extraordinary cases recourse was taken to divine evidence. There are instances of circumstantial evidence, particularly in the absence of human evidence, being considered in the trial of cases.

The trial The trail of the case began with the submission of the reply, in writing, by the defendant. The trial involved the examination of documents, possession and evidence given by the witness were discussed meticulously. According to smiti writers at least three witnesses before the king and Brahmans. Justice given based on the law of the land, on accepted social norms and every point in the case was subjected to close scrutiny.

Mode of proof divided into two classes Human: documents, possession and witness (sakshi) Divine: divine proof consisted of ordeals Ordeals were restored to only when “ ordinary method of proof was not feasible • Role of Pleaders • Role of judges

Mode of proof divided into two classes Human: documents, possession and witness (sakshi) Divine: divine proof consisted of ordeals Ordeals were restored to only when “ ordinary method of proof was not feasible • Role of Pleaders • Role of judges

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