Taksar and Dhansar

Introduction of Taksar and Dhansar

The Taksar and Dhansar courts were organized as judicial bodies in administering justice. Except for instances carrying harsh penalties, these courts mostly handled civil matters and had independent jurisdictions.

The courts were headed by chiefs, some of whom were Dittha, and soldiers and people were present to assist with the proceedings.

Officers

The Central Court of Taksar and Dhansar was generally headed by a Bichari or a Khardar and was assisted by 2 Amaldars and 1 Jamdar. They were also provided 2 Hawaldars and 25 Policemen for security and safety purposes.

Procedure of Taksar and Dhansar

The Court of Taksar and Dhansar has a five-step procedure for handling civil cases and plaints of wrongs done and suffered. It excludes those Crimes involving punishment, touching life or limb, or total confiscation.

Step 1: The Bichari of the Court hear all cases brought before them and make awards based on their opinion.  They must orally report to the Dittha at the conclusion of each day, describing the cases that have been presented to them and the compensation they feel should be given.

Step 2: : The Dittha has the option to agree or disagree with the rewards that the Bichari has suggested. The awards are made by the respective Bicharis the next morning at the Taksar and Dhansar courts, where the cases began, if the Dittha agrees.

Step 3: Should the Dittha object, they have the authority to issue an additional decree without seeking more information beyond what the Bichari verbally gave. In this situation, the Bichari may present their argument and make an effort to persuade the Dittha of the validity of their suggested reward. The proposed award will stand if it is approved; if not, the Dittha will promptly oversee another award or review any supporting documentation that the Bichari produces.

Step 4: The Dittha will go to the Bichari’s court and hear the matter again, presiding over that court for the occasion, if the Bichari is not satisfied with either the verbal report or the papers provided for summary scrutiny by the Dittha.

Step 5: The Dittha’s regular authority over the Taksar and Dhansar courts is confined to the aforementioned procedures if both parties agree with the rulings made in those courts. On the other hand, in the event of disagreement by any party, the Taksar and Dhansar courts might further submit to the Dittha via an appeal process at the Kot.

Functions of Taksar and Dhansar

Hearing of Civil Cases

When the courts at Dhansar and Taksar were in session, the majority of the cases they heard were civil. They had authority over disputes involving contracts, property, and personal damages.

These courts were organized as judicial bodies. It had a structured and systematic approach to hearing cases. They had the provision of appeal anywhere in Dhansar or Taksar.

This meant that if a party was dissatisfied with the outcome of their case, they had the option to appeal to a higher court in Dhansar and Taksar.

It is important to note, however, that the jurisdiction of the Dhansar and Taksar courts was limited. They did not have the authority to hear cases that involved the death penalty, dismemberment, or punishment of all property.

Fair Trial and Assist the Accused

Taksar and Dhansar could also provide assistance and Aid to the accused in the Sadar Court (Kotling and Itachapali).

One Landlord, 35 Soldiers and 35 other Staff and Officials were present in the Taksar and Dhansar Court. All sides were given an equal chance to present their case and get a fair hearing in these Courts.

Appointment of Chief Judicial Officers

In most cases, the Appointment of Chief Judicial Officers and Leaders of Taksar and Dhansar Courts were chosen out of knowledgeable and Qualified Individuals. A Dittha was also chosen for Taksar and Dhansar, when required. The Dittha from the Sadar Courts could also be present and preside over a Hearing.

Brian Hodgson has also written that in the presence of Heinous Cases, Dittha themselves presided over Taksar and Dhansar.

Conclusion

The Taksar and Dhansar Courts were additional Courts established for Hearing Civil Cases or Criminal Cases of less significance.

Citation

Pokhrel, A. (2023). Taksar and Dhansar – Itihasaa. Encyclopedia of Nepali History. https://itihasaa.com/gorkha/taksar-and-dhansar/