Incase CAMS is not accepting the order in Hindi you should file the English translation of the same as it is permitted as per law.
CAMS has refused to accept a court order because it is in Hindi language. Is this allowed in India?
CAMS (Computer Age Management Services) has refused to accept the Succession Certificate (Court order) that was given to us in Hindi (for transferring mutual fund units) and they have demanded an English Translation (Notarized). Living in India I am shocked to see this. Can an organization (whether governmental or non-governmental or private) which is dealing with pan India matters, refuse to accept a court order because it is in Hindi? Their about us says - CAMS is co-owned by - NSE Investments Limited (wholly owned subsidiary of NSE), Warburg Pincus LLC (a leading global private equity firm), ACSYS Investments Pvt Ltd and HDFC Group. Overall can CAMS do this i.e. refuse to accept a court order in Hindi and demand an English translation?
Asked 5 years ago in Civil Law
25 Answers
there is no harm in furnishing English translation of court order duly notarised
2) it would help you in getting mutual funds transferred in your name on basis of SC issued by court of law
You are right
being operating in India, it should give first preference to Hindi language
but as they are insisting, you have no choice for now
you can simply submit the Hindi document to the official translator office attached to High Court and make an application to translate the same on payment of requisite fees
if the document is translated by official translator then notary is not needed
Dear Client,
File contempt in court against CAMS. Non authority can deny certificate granted by court. For there console, provide them translated copy in English.
This is the irony of the system you please please arrange to provide a certified notarized translation of the judgement.
At the different Court provides the succession certificate in their local language of the particular state English version is taken as the final version of the judgement.
Yes I can do the english translation myself or get it done. Please note, my question is - whether an organization which is dealing with pan-India matters, is allowed to refuse a document (a court order none the less) on the grounds that it is in Hindi? Then what is the value or meaning of Hindi being the official language of India (along with English). How exactly is CAMS allowed to reject a court order because of it being in Hindi language?
Asked 5 years ago
Hindi is not the official language of India for your information, so they can ask for a translation in English or in vernacular language.
As i said, court orders are binding on all authority whether private or public. Any refusal amounts to contempt.
How exactly is CAMS allowed to reject a court order because of it being in Hindi language? -- this just arrogance.
It should not have refused to accept court order in Hindi
the fact may be that its officers are not fluent in Hindi and hence requested you to obtain English translation of court order
Ideally it should have accepted it
if you want to agitate over this you will need to write and follow up with concerned Ministries
Hindi is our national language and they can not reject such court orders. You should demand the CAMS to provide reasons for rejection in writing and after getting that in writing, you should approach the same court .
No they cannot cmpell you to provide English translation of Court's order. Only high Court calls for English translation of decree of lower court, if appealed against.
No CAMS cannot refuse or go against or decline to follow any order of court citing the languge. Though in your case it would be better to get judgement translated and notarised and further produce before them so to avoid other legal hassels.
No they cannot refuse based on language of order it is binding. They are not being allowed a contempt may be filed against them for such refusal.
If the CAMS has refused to disburse the claim amount on the basis of the Hindi version of the succession certificate, you should not react to it to this extent.
They may be having a set of rules and procedures that are to be complied in this regard.
You cannot sue them for this because it is not mandatory that they have to accept the documents written in any vernacular language, be it Hindi.
Remember that there are plenty of nationally recognised vernacular languages in the country, the CAMS cannot afford to translate the documents produced before it in different languages, hence it will turn the burden on the claimants only. There is no illegality in it because that is the procedure being followed in such claims. So you cannot dispute or agitate the authorities who have rejected your Hindi language document.
This is not a court order directing the CAMS authority to accept the Hindi language document as it is, hence dont spread false information that the CAMS is refusing to accept the court order.
The court has passed a decree and order certifying the successors in interest in Hindi language, hence it becomes the claimant's duty to comply with further requirements in this regard.
You are not trying to understand the law in this regard and are interpreting the law in the manner suiting to you.
It is incorrect to say that the CAMS had rejected the court order.
If the CAMS had rejected the court order then it will not accept even the translated version, so better be careful while using such words on the sensitive issues.
India has no "national language". India has 2 official languages - Hindi and English. The learned counsel may kindly note that I am not talking about any "vernacular language" but about Hindi which is a "National language" (along with English). Facts regarding this can be checked and verified. It seems that many South Indians don't like it that Hindi is a National Language whereas Dravidian languages are only regional languages. It is hard to ignore the fact that CAMS HQ is also located in Chennai. I am not spreading any false information. CAMS has withheld processing the claim for want of an English Translation of a court order which was in Hindi. I hope, it is clear to learned counsels here what is my issue here. My whole point of raising this issue is because this is a sensitive issue. Kindly note that CAMS is dealing with cases on pan India level and although justified that they cannot support all vernacular languages but under what law or procedure is CAMS allowed to set their own guideline or procedure which does not accept a document in one of the official languages of India i.e. Hindi?
Asked 5 years ago
hello
the problem is a genuine and also a unique one and does not require so long a discussion. send a legal notice to the organization and if they do not comply with the order file a contempt application against them in the Delhi HC. they should be taught a lesson.
regards
Complain to SEBI against CAMS refusal to accept court orders psssed in Hindi
If you feel that you know everything better than anyone here and you are an expertise in law in this regard and also feel that the CAMS has disobeyed the court order then you may file a writ petition against CAMS before high court or file a PIL before supreme court to blacklist CAMS for their anti national activity for not accepting Hindi language and also for disobeying the court order. Why do you want to make simple things complicated.
I dont have to even explain you about this to this extent.
You can drag CAMS to court by filing a suit seeking direction to not insist for English translation of a court issued Succession Certificate and also claim damages
As I said before, India has no national language, so your argument is not tenable.
Dear client
CAMS cannot refuse to honour a court order just because it is in hindi you can very well send them a legal notice as a warning. However you can facilitate them by attaching a true typed translated self attested copy of the order for faster processing.
adv vikas
Sir court order irrespective of it's language even in vernacular language is binding and the CAMS has no authority to make own procedure for court order
Hello,
Write them an application to accept it and ask them to write there refused, then file a contempt petition.
Regards
No one can refuse any court's order in India or abroad which is passed by court of law in India but can demand it's version in English or Hindi as the case be just to up date its knowledge as some of the members may not be familiar with all the words used in Hindi or other Indian Languages by the court as in our courts for the summons , warrants etc we are using Urdu and Hindi mix. So demanding English version is not illegal.
English.is official language in HC`s and SC only. Trail court in rest part of India deals in their local language for eg. punjabi in punjab, regional language in south etc. Except Rajasthan, Delhi and MP. most of court deals in there local language.
And Hindi is national language - which prevail all over India. If any authority/organization dose not understand Hindi , either can request for translated version from official/licensed translator and itself find a way to get it translated but cannot refused.