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113-551: The Indian Corporate Law Service ( Hindi : भारतीय कॉरपोरेट विधि सेवा), abbreviated as ICLS, is one of the Central Civil Services (Group A) and it functions under the Ministry of Corporate Affairs , Government of India . The service is entrusted with the responsibility of the implementation of Companies Act,1956 (now repealed), Companies Act, 2013 and The Limited liability Partnership Act, 2008 . Created in

226-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

339-585: A core vocabulary of native Prakrit and Sanskrit-derived words. However, Hindi is written in the Devanagari script and contains more direct tatsama Sanskrit -derived words than Urdu, whereas Urdu is written in the Perso-Arabic script and uses more Arabic and Persian loanwords compared to Hindi. Because of this, as well as the fact that the two registers share an identical grammar, a consensus of linguists consider them to be two standardised forms of

452-848: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

565-640: A larger amount are still used in Urdu poetry written in the Devanagari script. Many words borrowed from Persian in turn were loanwords from Arabic (e.g. muśkil "difficult", havā "air", x(a)yāl "thought", kitāb "book"). Hindi also makes extensive use of loan translation ( calqueing ) and occasionally phono-semantic matching of English . Many Hindustani words were derived from Portuguese due to interaction with colonists and missionaries: Jurisdiction Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and

678-541: A literary language in the 19th century. Earliest examples could be found as Prēm Sāgar by Lallu Lal , Batiyāl Pachīsī of Sadal Misra, and Rānī Kētakī Kī Kahānī of Insha Allah Khan which were published in Devanagari script during the early 19th century. John Gilchrist was principally known for his study of the Hindustani language , which was adopted as the lingua franca of northern India (including what

791-547: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

904-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

1017-536: A medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages. It

1130-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1243-410: A part of the process of Sanskritisation , new words are coined using Sanskrit components to be used as replacements for supposedly foreign vocabulary. Usually these neologisms are calques of English words already adopted into spoken Hindi. Some terms such as dūrbhāṣ "telephone", literally "far-speech" and dūrdarśan "television", literally "far-sight" have even gained some currency in formal Hindi in

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1356-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

1469-575: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

1582-492: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

1695-552: A second language. A Hindi proponent, Indian-born Paramananda Jha , was elected vice-president of Nepal. He took his oath of office in Hindi in July 2008. This created protests in the streets for 5 days; students burnt his effigies, and there was a general strike in 22 districts. Nepal Supreme Court ruled in 2009 that his oath in Hindi was invalid and he was kept "inactive" as vice-president. An "angry" Jha said, "I cannot be compelled to take

1808-532: A simplified or pidginised variety such as Bazaar Hindustani or Haflong Hindi ). Outside India, several other languages are recognised officially as "Hindi" but do not refer to the Standard Hindi language described here and instead descend from other nearby languages, such as Awadhi and Bhojpuri . Such languages include Fiji Hindi , which has an official status in Fiji , and Caribbean Hindustani , which

1921-584: A standardised form of Hindustani separate from Urdu took form. In 1881, Bihar accepted Hindi as its sole official language, replacing Urdu, and thus became the first state of India to adopt Hindi. However, in 2014, Urdu was accorded second official language status in the state. After independence, the Government of India instituted the following conventions: On 14 September 1949, the Constituent Assembly of India adopted Hindi written in

2034-641: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

2147-657: Is a standard register of the Hindustani language; additionally, Indian media are widely viewed in Pakistan. A sizeable population in Afghanistan , especially in Kabul , can also speak and understand Hindi-Urdu due to the popularity and influence of Bollywood films, songs and actors in the region. Hindi is also spoken by a large population of Madheshis (people having roots in north-India but having migrated to Nepal over hundreds of years) of Nepal . Apart from this, Hindi

2260-465: Is also one of the 22 scheduled languages of the Republic of India . Apart from the script and formal vocabulary, standard Hindi is mutually intelligible with standard Urdu , another recognised register of Hindustani, as both Hindi and Urdu share a core vocabulary base derived from Prakrit (a descendant of Sanskrit). Hindi is also spoken, to a lesser extent, in other parts of India (usually in

2373-409: Is an official language of Gujarat , along with Gujarati . It acts as an additional official language of West Bengal in blocks and sub-divisions with more than 10% of the population speaking Hindi. Similarly, Hindi is accorded the status of official language in the following Union Territories : Delhi , Andaman and Nicobar Islands and Dadra and Nagar Haveli and Daman and Diu . Although there

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2486-550: Is based on the language that was spoken in the Ganges-Yamuna Doab ( Delhi , Meerut and Saharanpur ) called Khariboli ; the vernacular of Delhi and the surrounding region came to replace earlier prestige languages such as Awadhi and Braj . Standard Hindi was developed by supplanting foreign loanwords from the Hindustani language and replacing them with Sanskrit words, though Standard Hindi does continue to possess several Persian loanwords. Modern Hindi became

2599-628: Is borrowed from Sanskrit as tatsam borrowings, especially in technical and academic fields. The formal Hindi standard, from which much of the Persian, Arabic and English vocabulary has been replaced by neologisms compounding tatsam words, is called Śuddh Hindi (pure Hindi), and is viewed as a more prestigious dialect over other more colloquial forms of Hindi. Excessive use of tatsam words sometimes creates problems for native speakers. They may have Sanskrit consonant clusters which do not exist in Hindustani, causing difficulties in pronunciation. As

2712-455: Is commonly used to specifically refer the modern literary Hindi language, as opposed to colloquial and regional varieties that are also referred to as Hindi in a wider sense . Like other Indo-Aryan languages, Hindi is a direct descendant of an early form of Vedic Sanskrit , through Shauraseni Prakrit and Śauraseni Apabhraṃśa (from Sanskrit apabhraṃśa "corrupt"), which emerged in the 7th century CE. The sound changes that characterised

2825-517: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

2938-515: Is headed by an ICLS officer of Higher Administrative Grade Scale, assisted by two ICLS Officers designated as Directors (Inspection and Investigation) of Senior Administrative Grade Scale. The office is also entrusted to be overall supervision matters relating to the Companies Act, 2013 and LLP Act, 2008. The Regional Director supervises the functioning of Registrars of Companies and Official Liquidators that fall within their jurisdiction, and

3051-465: Is kept at 3:2. The ICLS Academy, located at Manesar, Haryana Campus of the Indian Institute of Corporate Affairs (IICA), provides training to Officer Trainees (OTs) to familiarize them with provisions of Companies Act, Limited Liability Act, Partnership Act & other corporate laws, Indian Penal Code , book keeping & accounts, etc. over a period of almost 20 Months. In addition to

3164-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

3277-578: Is mirror to a hand with bangles, What is Persian to a literate. The emergence of Modern Standard Hindi in the 19th century went along with the Sanskritisation of its vocabulary, leading to a marginalisation of Persian vocabulary in Hindi, which continued after Partition when the Indian government co-opted the policy of Sanskritisation. However, many Persian words (e.g. bas "enough", khud "self") have remained entrenched in Standard Hindi, and

3390-609: Is no specification of a national language in the constitution, it is a widely held belief that Hindi is the national language of India. This is often a source of friction and contentious debate. In 2010, the Gujarat High Court clarified that Hindi is not the national language of India because the constitution does not mention it as such. Outside Asia , the Awadhi language (an Eastern Hindi dialect) with influence from Bhojpuri , Bihari languages , Fijian and English

3503-515: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

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3616-564: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

3729-526: Is now present-day Pakistan ) by British colonists and indigenous people. He compiled and authored An English-Hindustani Dictionary , A Grammar of the Hindoostanee Language , The Oriental Linguist , and many more. His lexicon of Hindustani was published in the Perso-Arabic script , Nāgarī script , and in Roman transliteration .In the late 19th century, a movement to further develop Hindi as

3842-539: Is provided below: The ICLS officers posted at the Headquarters discharge various functions such as framing of policies, rules/regulations, issuing notifications and circulars, implementation of e-Governance in the Ministry, handling and supervising legal and court matters, to examine inspections and investigation reports and issuing appropriate orders, etc. The office of DGCoA was constituted in 2008. The offices

3955-592: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

4068-678: Is spoken by the large Indian diaspora which hails from, or has its origin from the "Hindi Belt" of India. A substantially large North Indian diaspora lives in countries like the United States of America , the United Kingdom, the United Arab Emirates , Trinidad and Tobago, Guyana, Suriname, South Africa, Fiji and Mauritius , where it is natively spoken at home and among their own Hindustani-speaking communities. Outside India, Hindi speakers are 8 million in Nepal ; 863,077 in

4181-464: Is spoken in Suriname , Trinidad and Tobago , and Guyana . Hindi is the fourth most-spoken first language in the world, after Mandarin, Spanish and English. If counted together with the mutually intelligible Urdu, it is the third most-spoken language in the world, after Mandarin and English. According to reports of Ethnologue (2022, 25th edition) Hindi is the third most-spoken language in

4294-481: Is spoken in Fiji. It is an official language in Fiji as per the 1997 Constitution of Fiji, where it referred to it as "Hindustani"; however, in the 2013 Constitution of Fiji , it is simply called " Fiji Hindi " as the official language. It is spoken by 380,000 people in Fiji. Hindi is spoken as a first language by about 77,569 people in Nepal according to the 2011 Nepal census , and further by 1,225,950 people as

4407-570: Is the standardised variety of the Hindustani language written in Devanagari script . It is the official language of India alongside English and the lingua franca of North India . Hindi is considered a Sanskritised register of the Hindustani language , which itself is based primarily on the Khariboli dialect of Delhi and neighbouring areas. It is an official language in nine states and three union territories and an additional official language in three other states. Hindi

4520-879: Is the dominant form of Hindi online. In an analysis of YouTube comments, Palakodety et al., identified that 52% of comments were in Romanised Hindi, 46% in English, and 1% in Devanagari Hindi. Traditionally, Hindi words are divided into five principal categories according to their etymology: Hindi has naturally inherited a large portion of its vocabulary from Shauraseni Prakrit , in the form of tadbhava words. This process usually involves compensatory lengthening of vowels preceding consonant clusters in Prakrit, e.g. Sanskrit tīkṣṇa > Prakrit tikkha > Hindi tīkhā . Much of Standard Hindi's vocabulary

4633-663: Is the duty cast on the office of the Registrar of Companies to ensure that all norms are followed and that any violations are penalised as per the law. The jurisdictional RoC is first point of contact for stakeholders of the companies to approach in case of any grievance against the company or its management's conduct. The RoC also has suo-moto powers to conduct inquiry of companies and if deemed necessary, investigation can also be proposed to be carried out, all violations can be brought to book and both civil and criminal prosecution would be initiated. The ROCs are responsible for ensuring that

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4746-555: Is the top most bureaucrat from ICLS who is equivalent to the post of Additional Secretary to the Union of India (HAG). The Officers of Indian Corporate Law Service are recruited via two modes - Direct Recruitment and Departmental Promotions. Members belonging to Group B Posts such as Company Prosecutors & Senior Technical Assistants, employed with the Ministry are gradually promoted to ICLS after completely mandated residency period within their own services. The current ratio of two streams

4859-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

4972-457: Is usually the senior most ICLS Officer in that region. There are seven Regional Directorates spread across the country, each having jurisdiction over multiple states and Union Territories. The RD has several quasi-judicial powers such as allowing mergers & amalgamation of certain categories of companies, issuing orders for approving shifting of the registered offices of a company and compounding of certain categories of offences committed either by

5085-570: Is written in the Devanagari script, an abugida . Devanagari consists of 11 vowels and 33 consonants and is written from left to right. Unlike Sanskrit, Devanagari is not entirely phonetic for Hindi, especially failing to mark schwa deletion in spoken Standard Hindi. The Government of India uses Hunterian transliteration as its official system of writing Hindi in the Latin script. Various other systems also exist, such as IAST , ITRANS and ISO 15919 . Romanised Hindi , also called Hinglish ,

5198-615: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

5311-586: The Hindi Belt ), as well as an official language of the Government of India, along with English. In Northeast India a pidgin known as Haflong Hindi has developed as a lingua franca for the people living in Haflong , Assam who speak other languages natively. In Arunachal Pradesh , Hindi emerged as a lingua franca among locals who speak over 50 dialects natively. Hindi is quite easy to understand for many Pakistanis , who speak Urdu, which, like Hindi,

5424-456: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

5537-855: The United States of America ; 450,170 in Mauritius; 380,000 in Fiji; 250,292 in South Africa; 150,000 in Suriname; 100,000 in Uganda ; 45,800 in the United Kingdom; 20,000 in New Zealand ; 20,000 in Germany ; 26,000 in Trinidad and Tobago; 3,000 in Singapore . Linguistically , Hindi and Urdu are two registers of the same language and are mutually intelligible. Both Hindi and Urdu share

5650-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

5763-550: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

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5876-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

5989-782: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

6102-579: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

6215-579: The 50th birthday of Beohar Rajendra Simha on 14 September 1949, the efforts came to fruition following the adoption of Hindi as the official language. Now, it is celebrated as Hindi Day . Part XVII of the Indian Constitution deals with the official language of the Indian Union. Under Article 343, the official languages of the Union have been prescribed, which includes Hindi in Devanagari script and English: (1) The official language of

6328-579: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

6441-644: The Devanagari script as the official language of the Republic of India replacing the previous usage of Hindustani in the Perso-Arabic script in the British Indian Empire . To this end, several stalwarts rallied and lobbied pan-India in favour of Hindi, most notably Beohar Rajendra Simha along with Hazari Prasad Dwivedi , Kaka Kalelkar , Maithili Sharan Gupt and Seth Govind Das who even debated in Parliament on this issue. As such, on

6554-666: The Director General of Corporate Affairs or Director of Inspection and Investigation are posts created by the Central Government in exercise of its powers. Apart from the traditional roles, ICLS officers in the capacity as ROCs in their respective jurisdiction are members of State Level Coordination Committees, Regional Economic Intelligence Committee , Market Intelligence Groups and several other groups sharing Economic Intelligence data with other Government Intelligence and law enforcement agencies. A brief description

6667-733: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

6780-402: The Hindi heartland. Persian borrowings reached a heyday in the 17th century, pervading all aspects of life. Even grammatical constructs, namely the izafat , were assimilated into Hindi. The status of Persian language then and thus its influence, is also visible in Hindi proverbs : हाथ कंगन को आरसी क्या, पढ़े लिखे को फ़ारसी क्या। Hāth kaṅgan ko ārsī kyā, Paṛhe likhe ko Fārsī kyā. What

6893-580: The Hindu/Indian people') was often used in the past, for example by Amir Khusrau in his poetry. The terms Hindi and Hindu trace back to Old Persian which derived these names from the Sanskrit name Sindhu ( सिन्धु ), referring to the Indus River . The Greek cognates of the same terms are Indus (for the river) and India (for the land of the river). The term Modern Standard Hindi

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7006-621: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

7119-406: The Official Languages Act of 1963, which provided for the continued use of English indefinitely for all official purposes, although the constitutional directive for the Union Government to encourage the spread of Hindi was retained and has strongly influenced its policies. Article 344 (2b) stipulates that the official language commission shall be constituted every ten years to recommend steps for

7232-499: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

7345-442: The President may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union. Article 351 of the Indian constitution states: It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as

7458-490: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

7571-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

7684-456: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

7797-460: The Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. (2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement: Provided that

7910-424: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

8023-440: The administrative charge of the respective Regional Directors, who supervise their functioning on behalf of the Ministry. The Official Liquidator is responsible for winding up of the companies that are ordered to be wound up by the Hon'ble High Court under several grounds, the most common being the inability to pay its debts. The winding up process includes taking possession of the assets of a company ordered to be wound up, bringing

8136-430: The assets of the company to sale via public auction, recovery of debts due to the company, invitation of claims against the company from the creditors, settlement of claims so received, distribution of funds to the creditors and contributories, prosecution of directors of the company in the event of misfeasance and eventual dissolution of the company. Each High court has a liquidator attached to it. It may be noted that, with

8249-575: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

8362-626: The classroom training the POs are also provided hands on training in various offices across India. Role and functions of all the above-mentioned posts are either defined in the Companies Act, 2013 or defined in rules made by the Central Government in exercise of the powers delegated to it through the act. For instance posts like Regional Director, Registrar of Companies, the Official Liquidator, etc. are statutory posts, but posts like

8475-451: The companies or officers of the companies. Further RD also has the appellate power over the adjudication orders passed by the Registrar of Companies against defaulting companies and their directors. The ICLS officers posted as Assistant Director or Deputy Director or Joint Director conduct and supervise inspections and investigations against the companies under the relevant provisions of the law. Registrars of Companies have jurisdiction over

8588-620: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

8701-493: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

8814-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

8927-670: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

9040-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

9153-499: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

9266-607: The implementation of Companies Act 2013, the Official Liquidators would now be attached to National Company Law Tribunals, for all the liquidation matters that are ordered under the new Companies Act, 2013. The designations and time-scales within the Indian Corporate Law Service are as follows after cadre restructure: Hindi Modern Standard Hindi ( आधुनिक मानक हिन्दी , Ādhunik Mānak Hindī ), commonly referred to as Hindi ,

9379-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

9492-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

9605-575: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

9718-546: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

9831-414: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

9944-725: The jurisdictional corporate entities do not use the corporate structure for perpetrating activities that are illegal or against the public and national interest. The ROCs have a major responsibility to keep the corporate registry clean and to ensure that illegal shell companies are identified and taken action against. Off late, the RoCs have been emerging as the primary government agencies working towards punishing errant companies facilitating high-risk equity investing from general public bypassing stock-exchange regulations and in enforcing corporate transparency with impactful actions relating to Significant Beneficial Ownership norms. The ROCs function under

10057-539: The last 125 years, there are no academic studies of any of them – of their use in South Africa, their evolution and current decline. Hindi is adopted as the third official court language in the Emirate of Abu Dhabi . As a result of this status, the Indian workforce in UAE can file their complaints to the labour courts in the country in their own mother-tongue. Hindi is the lingua franca of northern India (which contains

10170-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

10283-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

10396-610: The oath now in Nepali. I might rather take it in English." Hindi is a protected language in South Africa . According to the Constitution of South Africa , the Pan South African Language Board must promote and ensure respect for Hindi along with other languages. According to a doctoral dissertation by Rajend Mesthrie in 1985, although Hindi and other Indian languages have existed in South Africa for

10509-582: The official language of the imperial court during the reign of Shah Jahan . It is recorded that Emperor Aurangzeb spoke in Hindvi . The Hindustani vernacular became an expression of Indian national unity during the Indian Independence movement , and continues to be spoken as the common language of the people of the northern Indian subcontinent, which is reflected in the Hindustani vocabulary of Bollywood films and songs. Standard Hindi

10622-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

10735-660: The overarching supervision of the Regional Directors, the DGCoA and the administrative control of the Ministry. There are over 2 Million companies registered in India, out of which more than 1.6 Million are reportedly active, and there are over 25 Field offices spread across the country, located in the capital cities of most states. The Official Liquidators are officers appointed by the Central Government and are attached to various High Courts. The Official Liquidators are under

10848-490: The place of the English borrowings (ṭeli)fon and ṭīvī . Hindi also features significant Persian influence, standardised from spoken Hindustani . Early borrowings, beginning in the mid-12th century, were specific to Islam (e.g. Muhammad , Islām ) and so Persian was simply an intermediary for Arabic. Later, under the Delhi Sultanate and Mughal Empire , Persian became the primary administrative language in

10961-571: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

11074-519: The power to take action against companies that fail to submit requisite documents in time or for production of incorrect/incomplete information. The registered documents are made available to the Shareholders, Investors and the General public at large through an online portal MCA21 at a payment of nominal fee. Corporates functioning in India will have to abide by all statutory requirements and it

11187-644: The powers of the executive and legislative branches of government to allocate resources to best serve the needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to

11300-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

11413-522: The progressive use of Hindi language and impose restrictions on the use of the English language by the union government. In practice, the official language commissions are constantly endeavouring to promote Hindi but not imposing restrictions on English in official use by the union government. At the state level, Hindi is the official language of the following Indian states: Bihar , Chhattisgarh , Haryana , Himachal Pradesh , Jharkhand , Madhya Pradesh , Rajasthan , Uttar Pradesh and Uttarakhand . Hindi

11526-533: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

11639-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

11752-502: The same language, Hindustani or Hindi-Urdu. Hindi is the most commonly used scheduled language in India and is one of the two official languages of the union , the other being English. Urdu is the national language and lingua franca of Pakistan and is one of 22 scheduled languages of India , also having official status in Uttar Pradesh , Jammu and Kashmir , Delhi , Telangana , Andhra Pradesh and Bihar . Hindi

11865-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

11978-526: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

12091-471: The transition from Middle Indo-Aryan to Hindi are: During the period of Delhi Sultanate in medieval India , which covered most of today's north India, eastern Pakistan, southern Nepal and Bangladesh and which resulted in the contact of Hindu and Muslim cultures , the Sanskrit and Prakrit base of Old Hindi became enriched with loanwords from Persian , evolving into the present form of Hindustani. Hindi achieved prominence in India after it became

12204-532: The various States and Union Territories are vested with the primary duty of registering Companies and Limited Liability Partnerships (LLP) floated in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the Act, for instance periodic filing of Annual Returns and Balance Sheets , Change of directorship of the company, etc. The RoC has

12317-677: The world including first and second language speakers. Hindi is the fastest growing language of India , followed by Kashmiri , Meitei , Gujarati and Bengali according to the 2011 census of India . The term Hindī originally was used to refer to inhabitants of the Indo-Gangetic Plain . It was borrowed from Classical Persian هندی Hindī ( Iranian Persian pronunciation: Hendi ), meaning ' of or belonging to Hind (India) ' (hence, ' Indian ' ). Another name Hindavī ( हिन्दवी ) or Hinduī ( हिन्दुई ) (from Persian هندوی  'of or belonging to

12430-538: The year 1967 as a service to administer the Companies Act, 1956 as the Company Law Service, it was renamed as Indian Company Law Service in the year 2002. The service functioned under Ministry of Finance (Department of Company Affairs) till 2004, after which an independent ministry by the name Ministry of Corporate Affairs was created to administer the Corporate Sector in India. The service

12543-639: Was envisioned that Hindi would become the sole working language of the Union Government by 1965 (per directives in Article 344 (2) and Article 351), with state governments being free to function in the language of their own choice. However, widespread resistance to the imposition of Hindi on non-native speakers, especially in South India (such as those in Tamil Nadu ) led to the passage of

12656-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

12769-450: Was renamed as Indian Corporate Law Service in 2008 and was brought into the fold of Civil Services Examination . The first batch of Officers recruited through Civil Services Examination were inducted in the year 2009.The decision to bring the service ICLS into the fold of civil services was instrumental for regulating the complex corporate landscape which is getting evolved day by day. Since 2016, Director General of Corporate Affairs (DGCoA)

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