Journal of National Law University New Delhi

Publisher:: Sage Publications, Inc.
Publication date:: 2021-09-06

ISBN:: 2277-4017

Issue Number

Latest documents

Resolution of Debts and Insolvency and Bankruptcy Code, 2016: The Status of Government Dues and Taxes
The resolution of Corporate Debts has always been an intrinsic issue for the Government, because increase in distressed units would have a cyclic effect on the growth of the Indian economy. Therefore, since 1985, the Government has tried to arrest financial distress by way of statutory solutions. First, it was Sick Industrial Companies (Special Provisions) Act, 1985, and thereafter, a number of other legislations such as, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were passed, but these efforts went in vain, since non-performing assets (NPA) kept escalating. The Insolvency and Bankruptcy Code, 2016 (IBC, 2016) was passed with much enthusiasm to check these increasing NPAs. But, with the passage of time, it has been realised that, IBC 2016 has not been that effective when it comes to combatting the growth of NPAs or recovery of debt especially of the government authorities. The worst hit is the recovery of the state taxes. Taxes are the links between the state and development of an economy, as they are collected for utilisation towards welfare goals of the government and therefore, any deficiency in the collection of taxes, has a direct impact on the prevalent inequality in the society and it also directly affects the rights of the vulnerable groups and marginalised classes, such as, their right to food, health and shelter and other human rights’ issues. The objective of the present research article, therefore, is first, to analyse the different legislations passed by the Parliament to look at the pertinent issues related to NPAs and collection of taxes. Second-, the purpose is to examine as to how the non-recovery of taxes directly affects the State welfare schemes, which further directly affects the human rights of the weaker sections of the society and vulnerable classes and third, as to how IBC, 2016 has addressed the issues of recovery of tax dues.
Arbitration Agreement and Arbitral Award: The Online Perspective
Nowadays, the use of technology has lightened the workload in many sectors to some extent. International arbitration practice has become cost-efficient. Although the concern has been when some legal instruments are not legally accepted, they are subjective to fulfilment of precise requirements. This reflects that arbitration agreements, as well as arbitral awards, which are drawn online, test whether the old provisions are beneficial or not. This article elaborates on the challenges which prevail while providing legal acceptance to digital arbitration. The objective is to highlight the difficulties that municipal and international systems come across while following the procedural aspect. The use of technology and maintaining international standards in the commercial sector globally should encourage the practice of harmony and proper enforceability.
The ‘New Normal’ of Indian Parliamentary Democracy
Evaluating the Conducive Work Environment of Employees with Disability: An Empirical Study in Ahmedabad and Gandhinagar Districts, India
To explore the relevance of variables, such as accessibility, treatment and satisfaction, with work of employees with disability through statistical tests, the article aims to highlight the divide between employees with disability and non-disability. The authors derive the data through a primary survey from employees of government organisations in the Ahmedabad and Gandhinagar districts of the state of Gujarat, India. The employees consisted of both employees with disability and fellow employees (non-disabled). Primary data were collected from 128 respondents by the survey method through a questionnaire. A worrisome divide is found between the accessibility levels of employees with disability and non-disability. Through responses from employers, we find they are equally satisfied with work of both employees with disability and non-disability. However, there still exists significant mean rank difference in variables, like financial benefits and promotional policy, and treatment at the workplace, with non-disabled employees having a higher mean value.
Social Reality and Social Responsibility of Law Students
Arbitration Agreement and Arbitral Award: The Online Perspective
Nowadays, the use of technology has lightened the workload in many sectors to some extent. International arbitration practice has become cost-efficient. Although the concern has been when some legal instruments are not legally accepted, they are subjective to fulfilment of precise requirements. This reflects that arbitration agreements, as well as arbitral awards, which are drawn online, test whether the old provisions are beneficial or not. This article elaborates on the challenges which prevail while providing legal acceptance to digital arbitration. The objective is to highlight the difficulties that municipal and international systems come across while following the procedural aspect. The use of technology and maintaining international standards in the commercial sector globally should encourage the practice of harmony and proper enforceability.
Evaluating the Conducive Work Environment of Employees with Disability: An Empirical Study in Ahmedabad and Gandhinagar Districts, India
To explore the relevance of variables, such as accessibility, treatment and satisfaction, with work of employees with disability through statistical tests, the article aims to highlight the divide between employees with disability and non-disability. The authors derive the data through a primary survey from employees of government organisations in the Ahmedabad and Gandhinagar districts of the state of Gujarat, India. The employees consisted of both employees with disability and fellow employees (non-disabled). Primary data were collected from 128 respondents by the survey method through a questionnaire. A worrisome divide is found between the accessibility levels of employees with disability and non-disability. Through responses from employers, we find they are equally satisfied with work of both employees with disability and non-disability. However, there still exists significant mean rank difference in variables, like financial benefits and promotional policy, and treatment at the workplace, with non-disabled employees having a higher mean value.
The ‘New Normal’ of Indian Parliamentary Democracy
Social Reality and Social Responsibility of Law Students
Resolution of Debts and Insolvency and Bankruptcy Code, 2016: The Status of Government Dues and Taxes
The resolution of Corporate Debts has always been an intrinsic issue for the Government, because increase in distressed units would have a cyclic effect on the growth of the Indian economy. Therefore, since 1985, the Government has tried to arrest financial distress by way of statutory solutions. First, it was Sick Industrial Companies (Special Provisions) Act, 1985, and thereafter, a number of other legislations such as, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were passed, but these efforts went in vain, since non-performing assets (NPA) kept escalating. The Insolvency and Bankruptcy Code, 2016 (IBC, 2016) was passed with much enthusiasm to check these increasing NPAs. But, with the passage of time, it has been realised that, IBC 2016 has not been that effective when it comes to combatting the growth of NPAs or recovery of debt especially of the government authorities. The worst hit is the recovery of the state taxes. Taxes are the links between the state and development of an economy, as they are collected for utilisation towards welfare goals of the government and therefore, any deficiency in the collection of taxes, has a direct impact on the prevalent inequality in the society and it also directly affects the rights of the vulnerable groups and marginalised classes, such as, their right to food, health and shelter and other human rights’ issues. The objective of the present research article, therefore, is first, to analyse the different legislations passed by the Parliament to look at the pertinent issues related to NPAs and collection of taxes. Second-, the purpose is to examine as to how the non-recovery of taxes directly affects the State welfare schemes, which further directly affects the human rights of the weaker sections of the society and vulnerable classes and third, as to how IBC, 2016 has addressed the issues of recovery of tax dues.