Volume-I

HPNLU Law Journal (Volume I)


ISSN: 2582-8533 (2020)


Editorial Advisory Board

Hon’ble Justice Surya Kant,
Judge, Supreme Court of India

Hon’ble Justice Tarlok S. Chauhan,
Judge, High Court of Himachal Pradesh

Prof. Ranbir Singh,
Vice-Chancellor, NLU, Delhi

Prof. P. S. Jaswal,
Vice-Chancellor, RGNUL, Patiala

Prof. Manoj Sinha,
Director, Indian Law Institute

Prof. Vijender Kumar,
Vice-Chancellor, MNLU, Nagpur

Prof. Surender Singh Jaswal
Registrar, HPNLU, Shimla

MODE OF CITATION: I HPNLU L. J. (2020)

All queries regarding HPNLU Law Journal may be addressed to:

Editor,
HPNLU Law Journal
Himachal Pradesh National Law University, Shimla
16 Miles, Shimla-Mandi National Highway Ghandal,
District Shimla, HP-171014
Email: lawjournal.editor@hpnlu.ac.in

Website: www.hpnlu.ac.in
E-mail:lawjournal.editor@hpnlu.ac.in
Tel No.: 0177-2779803; Fax: 0177-2779802
ISSN: 2582-8533

Patron
Hon’ble Justice L. Narayana Swamy
Chief Justice, High Court of Himachal Pradesh
Chancellor, HPNLU Shimla


Editor-in-Chief
Prof. Nishtha Jaswal
Vice Chancellor, HPNLU Shimla
vc@hpnlu.ac.in

Executive Editor
Prof. S. S. Jaswal,
Registrar, HPNLU, Shimla
registrar@hpnlu.ac.in

Editor
Chanchal Kumar Singh
Assistant Professor of Law, HPNLU Shimla
chanchalsingh@hpnlu.ac.in

Editorial Committee
Girjesh Shukla
Associate Professor of Law, HPNLU Shimla
girjesh@hpnlu.ac.in


Santosh Kumar Sharma
Assistant Professor of Law, HPNLU Shimla
santoshsharma@hpnlu.ac.in


Navditya Tanwar
Assistant Professor of Law, HPNLU Shimla
navditya@hpnlu.ac.in


Ved Prakash Sharma
Asst. Professor of Pol Science, HPNLU Shimla
ved@hpnlu.ac.in


Praveen Kumar
Asst. Professor of Management, HPNLU Shimla
praveenkumar@hpnlu.ac.in


Hari Chand
Assistant Professor of Economics, HPNLU Shimla
harichand@hpnlu.ac.in


Ruchi Raj Thakur
Assistant Professor of English, HPNLU Shimla
ruchithakur@hpnlu.ac.in


Aayush Raj
Teaching Associate, HPNLU Shimla
aayushraj@hpnlu.ac.in


Arun Kumar
Assistant Librarian, HPNLU, Shimla
arun@hpnlu.ac.in



Student Editorial Committee
Nikhat Jamal, IX Semester, B.A.LL.B.
Priyanka Thakur, VII Semester, B.A.LL.B.
Mansi Sharma VII Semester, B.B.A.LL.B.
Vanshika Thakur, V Semester, B.A.LL.B.

MODE OF CITATION: I HPNLU L. J. (2020)

Published by Prof. S. S. Jaswal on behalf of Himachal Pradesh National Law University, Shimla and is an online journal and published at Himachal Pradesh National Law University, Shimla, 16 Mile, Shimla-Mandi National Highway, Ghandal, District Shimla, Himachal Pradesh-171014. Editor of the journal is Mr. Chanchal Kumar Singh.


Copyright © 2020, Himachal Pradesh National Law University, Shimla.
All rights reserved.

Published by
Registrar, Himachal Pradesh National Law University, Shimla

Owned By
Himachal Pradesh National Law University, Shimla
16 Mile, Shimla-Mandi National Highway, Ghandal, District Shimla,
Himachal Pradesh-171014.

ISSN: 2582-8533

Online Law Journal

Disclaimer

The views expressed in the HPNLU Law Journal are those of the contributors. The Editors and the journal do not control nor necessarily subscribe or endorse the views expressed by respective contributors. The Editors and HPNLU Law Journal disown all liability and responsibility for any error, misprint and infringement of any right of other by printing any contribution in the journal.


From the Editor’s Desk

Himachal Pradesh National Law University, Shimla (HPNLU) is a recent addition to the league of premier law schools in the country. Since its inception, it has focused on interaction, to ensure that high quality discussions take place beyond and within the classrooms. The institution has been making efforts to set new paradigms in various aspects of legal academics.


With these objectives, the University lays emphasis on research publications. HPNLU Law Journal (HLJ) is the second flagship publication of the University, the first being the Shimla Law Review, two volumes of which have already been published.


The Law Journal is envisioned to be an essential for promoting multi-disciplinary studies (with law being the focal point) which sits at the core of the National Education Policy, 2020.


The University, placed in the geographical terrains of the Himalayas, is in its fifth year of existence. The Institution is one of the few educational Centers in the country which enjoys natural endowment of mesmeric beauty and is bestowed with all-natural conditions conducive for seeking, creating and imparting knowledge. The University was established in the year 2016, by the Himachal Pradesh National Law University, Act (Act 16 of 2016). It has acquired approval of the Bar Council of India and is recognized by the University Grants Commission (UGC), New Delhi.


HLJ promotes research by bringing together legal thoughts from the academia, professionals, social science scholars, and students to add to the existing debates. The Journal maintains its quality by using the technique of double-blind peer review and rigorous editing of each article. In order to ensure that the quality is not foregone, after the final editing, a further review of the selected articles is done by the Team for finalizing whether these articles can be a part of the final publication. The maiden edition of the HPNLU Law Journal encompasses issues such as public security and individual liberty, amendments to the Negotiable Instruments Act, 1881, Rights of animals, non-conviction-based asset forfeiture, corporate criminal liability for environmental wrongs, implementation of the Namami Gange Project, Ashworth Principles and its practical implications, etc.


I find it apposite and trite mentioning that in times of this pandemic, there is an invigorated need for emphasis on research and innovation. The University has therefore, taken all the steps to ensure that continuing learning and education is not impeded. During this pandemic period also, the University, with the help of its team, is conducting online classes. Various colloquiums on the fundamental duties enshrined in the Constitution were organized since June 2020 during which legal luminaries participated as panelists and enlightened the students with their words of wisdom. Other events were also organized including a Webinar on Reproductive Rights, Celebration of Environment Day, Conclave on Sustainable Development Goals, International Conference on Restorative Justice etc., using the ICT. Other events were also organized by the University among which the Week-long Orientation Programme for the newly admitted students was one of the most crucial events.


HPNLU, Shimla takes pride in the fact that it holds high the flag of promoting quality learning and knowledge exchange free of cost. It achieves this goal by making its publications freely accessible through its official website. I am sure that this edition of HLJ would add to the legal pool of knowledge.


Editor-in-Chief
Prof. Nishtha Jaswal
Vice Chancellor
Himachal Pradesh National Law University, Shimla

Download

1. COMPETING CONCERNS OF PUBLIC SECURITY AND INDIVIDUAL LIBERTY Uploaded on : 19-Nov-2020
2. INTERIM COMPENSATION FOR DISHONOUR OF CHEQUES Uploaded on : 19-Nov-2020
3. ARGUMENTS FOR ANIMAL RIGHTS Uploaded on : 19-Nov-2020
4. NAMAMI GANGE PROJECT Uploaded on : 19-Nov-2020
5. 'NON-CONVICTION BASED ASSET FOR FEITURE LAWS Uploaded on : 19-Nov-2020
6. APPLYING ASHWORTH’S ‘PRINCIPLED CORE' Uploaded on : 19-Nov-2020
7. ROAD TO JUSTICE Uploaded on : 19-Nov-2020
8. THE CONTOURS OF CORPORATE CRIMINAL LIABILITY FOR ENVIRONMENTAL WRONGS Uploaded on : 19-Nov-2020
9. E-COMMERCE TAXATION IN INDIA Uploaded on : 19-Nov-2020
10. ETHICAL AND LEGAL REFLECTIONS ON STRIKE Uploaded on : 19-Nov-2020
11. ATOMIC ENERGY IN INDIA Uploaded on : 19-Nov-2020
12. FINGERPRINT AND FOOTPRINT IDENTIFICATION Uploaded on : 19-Nov-2020
13. REGULATING RARE DISEASES IN INDIA Uploaded on : 19-Nov-2020
14. ACCESS TO JUSTICE AMIDST CORONA PANDEMIC Uploaded on : 19-Nov-2020

HPNLU Law Journal