In the Dharmaśāstras and Hindu law, more generally, there are usually eighteen titles of law. The titles of law make up the grounds for litigation and the performance of the legal process, usually by the king and his Brahmin counselors. The eighteen titles of law according to Manu are: "(i) the first is the non-payment of debts; (ii) deposits; (iii) sale without ownership; (iv) partnerships; (v) delivery and non-delivery of gifts; (vi) non-payment of wages; (vii) breach of contract; (viii) cancellation of a sale or purchase; (ix) disputes between owners and herdsman; (x) the Law on boundary disputes; (xi) verbal assault; (xii) physical assault; (xiii) theft; (xiv) violence; (xv) sexual crimes against women; (xvi) Law concerning husband and wife; (xvii) partition of inheritance; and (xviii) gambling and betting."Olivelle, Patrick, The Law Code of Manu, Oxford University Press, 2004, p. 123 These reasons vary slightly among authors, and many of them are covered more in depth.
18 Titles of law
Non-payment of debts Concerning the eighteen titles of law, the non-payment of debt is almost always listed first. According to Davis this is because, "A very old practice of textual organization within Dharmaśāstra and other textual genres of Sanskrit calls the first procedure or topic to be described the archetype (prakrti) and the subsequent procedures or topics the ectypes (vikrti). We saw this practice in the placement of the Brahmin as the archetype as a matter of textual concision. The Non-payment of Debts is the archetype for the other titles of law, not only because its description overlaps with and in some respects encompasses the contents of the other titles but also because debt as its thematic content pervades the subsequent titles.Davis, The Spirit of Hindu Law, forthcoming. Chapter 3 In terms of overlap, questions about witness, autonomy, competence, documentation, and contractual securities are all assumed in and carry over to discussions of the later titles."
Deposits The Sanskrit word for deposits is , the words and are synonyms. Manu VIII 179 holds that deposits should be entrusted to those who have good dharma. The person who holds the deposit typically does not receive any person benefit from doing so. The misappropriation or misplacement of a deposit due to negligence is regarded as very sinful. "The idea is that no one is bound to accept a deposit, but when a person accepts it, his primary duty is to preserve it with care and the next duty is to return it at the time agreed or on demand. The obligation arises from the trust reposed in a person."Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 457
Sale without ownership is concerned with the resumption of a gift. The Nārada-Smṛti "defines it as that title where a man desires to resume what has been given by him because it has been improperly given by him".Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 471 In the History of the Dharmaśāstras Vol. III, P.V. Kane states, "According to the Nārada-Smṛti VII. 1 and the of SBE vol. 33 p. 335 verse 2 when a person, who holds an open deposit, a sealed deposit, an article bailed for delivery to another, stolen property, an article borrowed for some festival, a pledge, or property lost by a stranger and found (by him), sells it in secret (or behind the back of the owner) it is to be considered as a sale by one who is not the rightful owner."Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 462 That which may be given must be absolutely one's own with the exception of things that are required for the maintenance of one's family.
Types of sale without ownership A sale by a non-owner is known as . There are two different types of sales without ownership: and . The first, , occurs when the unauthorized possessor admits to being a non-owner. The second, occurs when the possessor does not admit to being a non-owner. The first types of sale is resolved without dispute because the possessor returns the possession to the rightful owner. The second type of sale results in a case because the possessor, although not the true owner, has sold, given, or pledged the property to a third party.Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 142 In the case of the second type of sale "the entire process of the court has to be gone through with both parties leading evidence to buttress their respective claims, and the court then giving its judgement."Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 143 It is seen as important that there is a first category of sale without ownership because it hints at how "the state was involved in the settlement of people's disputes at an informal level."
Liability of an innocent buyer An innocent buyer is regarded as one who does not know that what he has purchased was sold by someone without ownership. Śambhu, who heavily relies on Manu and Marīci, holds that "a buyer who makes his purchase from the open market, and in the full knowledge of king's men will get a clear title to the goods so purchased irrespective of the bona fides of the seller."Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 141 Devaņa refutes this and goes so far as to say that "not even a hundred citations of rules can confer ownership rights upon the buyer who buys from a non-owner.SC II P: 506 Translated by Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 141 Devaņa agrees with Śambhu only insofar as the true owner fails to identify his property.
Partnerships Partnerships in Hindu law are any venture that results in two or more people working together. The śāstras have a lot to say about the different kinds of partnerships, whom one should enter into a partnership with, and rules for governing partnerships with respect to profits, losses, and quarrels among partners. For example, the of states regarding potential partners, "that a man should carry on a joint business with other persons of good family, that are clever, active, intelligent (or educated), familiar with cons, skilled in controlling (expenditure) and income, honest and valiant (or enterprising) and that joint undertakings like trade should not be carried on by prudent men with persons (partners) who are weak or lazy or afflicted with disease or are unlucky or destitute (of money)."SBE vol. 33 p. 336 verses 1–2 Kane states, "It is interesting to note that the ancient Dharmasutras of Gautama, Āpastamba and Baudhāyana are silent about partnerships, and that Manu Kane, P.V., History of the Dharmaśāstras, Vol. VIII. 206–210 lay down rules about the distribution of fees among the priests at a sacrifice ad that in one verse Kane, P.V., History of the Dharmaśāstras, Vol. VIII. 211 he remarks that the same principles are to be applied in all matters where men work conjointly."
Delivery and non-delivery of gifts Non-delivery or resumption of gift is referred to as "" in the . The divides the title into four categories, "what may be given, what may not be given, what are valid gifts, and what are invalid gifts."Kane, P.V., History of the Dharmaśāstras, Vol. VII.2 The of Kātyāna as reconstructed by P.V. Kane, is useful in elaborating and giving insight to this title of law. It states regarding invalid gifts, "These cannot be given either because they are not one's absolute property or because the gift of them is forbidden by the sages. In the case of even those who hold that one has ownership over one's son or wife, the gift of them is not possible because it is forbidden, just as though one owns rice, yavas and masa beans, one cannot make offerings of masa because the veda prohibits their use."Kane, P.V., History of the Dharmaśāstras, Vol. VII, p. 638
Non-payment of wages is the Sanskrit word for the non payment of wages. The early concern themselves in large part with the payment of wages to workers. The Bŗhaspati is popularly cited by many medieval authors asserting that "a worker shall not do even the slightest mischief to the master; if he does he loses his wages and proceedings (vāda) begin." Mathur contends that "Devaņa has made it clear that this verse has reference to proceedings in a court. He says that when a worker is defeated he loses his wages in proportion to the damage caused to his master."Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 130 Devaņa switches the order in which litigation and losing wages occurs.
Breach of contract The law of contracts is hugely concerned with the contract of debt, of pledge or mortgage, of bailments, of sale, of partnership, and of hire and service. The law of contracts is not found in one place. The dharmaśāstras do not lay down a general code of rules applicable to all transfers of immovable property, nor do they treat of transfers by way of sale, mortgage or gift in separate sections."Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 411 Ancient writers largely commented on who was competent to enter into transactions. Those who are "dependent, minors, extremely old, charged with grave sins, devoid of a limb, and those that are addicted to vices" are considered incompetent and agreements with these people are invalid.Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 412 Kauțilya holds that any contract made under the influence of intoxicants or wrath are invalid as well as those made when a person is distressed or has an unsound mind. Manu reinforces this by stating that all contracts entered into by force are invalid. Contracts that are contrary to the kings orders are regarded as invalid. According to Devaņa the king has the power to outlaw any agreements that are against and or tainted by greed.Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 167
Cancellation of a sale or purchase The Manusmṛti deals with the cancellation of a sale or purchase. "The principle rule is that the buyer or the seller may rescind the deal within ten days if he feels dissatisfied. But anyone forcing the other party to rescind it shall be punished."MS VIII.222 Translated by Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 133 The Mitākșarā identifies the liability of the seller in case of a cancellation of a sale by the seller dependent on whether there is a price difference in a product. "When the price goes down the seller will have to compensate the buyer as prescribed by Nārada; where the price rises, and the buyer is likely to earn an extra profit, the liability of the seller is not extinguished, and he has to pay the buyer the value of the benefit, or the usufruct as the case may be. However, if the price remains unchanged the seller still has to pay interest at the rate of five percent per annum on the amount paid by the buyer."YS II.254 Translated by Ashutosh Dayal Mathur, Medieval Hindu Law 2007 p. 138
Disputes between owners and herdsman In ancient times India was a predominately agricultural society and therefore was a major basis of litigation. is the Sanskrit word that refers to the disputes between the owner of cattle and the herdsman who tends to them. According to P.V. Kane "during the day the responsibility for the safety of the cattle rests on the herdsman and during the night on the owner provided they are in the latter's house."Kane, P.V., History of the Dharmaśāstras, Vol. III, p. 497