Writ Jurisdiction Under Article 226
Article 226 of the Constitution of India is the cornerstone of the High Court's power to enforce fundamental rights and check executive action. Advocate Shaw regularly appears in writ matters involving:
Writ of Mandamus: Directing a public authority to perform its statutory duty. Common in service matters, pension disputes, and cases of administrative inaction.
Writ of Certiorari: Quashing an order passed by a lower court, tribunal, or quasi-judicial authority on grounds of jurisdictional error, violation of natural justice, or error of law apparent on the face of the record.
Writ of Habeas Corpus: The most cherished writ, used to challenge illegal detention. Advocate Shaw has filed numerous habeas corpus petitions, particularly in cases of illegal arrest, child custody disputes, and preventive detention.
Writ of Prohibition: Restraining a lower court or tribunal from exceeding its jurisdiction.
Writ of Quo Warranto: Challenging the right of a person to hold a public office.
Criminal Practice at the Calcutta High Court
Advocate Shaw's criminal practice at the Calcutta High Court includes:
Bail Applications: When bail is denied by the Sessions Court, an application under Section 483 BNSS (previously Section 439 CrPC) can be filed before the High Court. In cases of urgency, the High Court can also be approached directly for bail.
Anticipatory Bail: Applications under Section 482 BNSS are frequently filed before the High Court, particularly in high-stakes matters where the Sessions Court has declined relief.
Quashing of FIR / Criminal Proceedings: Under Section 528 BNSS (previously Section 482 CrPC) read with Article 226, the High Court can quash an FIR or criminal proceedings if the allegations, even taken at face value, do not disclose an offence, or if the prosecution is an abuse of the process of court.
Criminal Appeals: Appeals against conviction by the Sessions Court, including capital punishment cases.
Criminal Revisions: Challenging orders passed by subordinate criminal courts in interlocutory matters.
Civil Appeals and Revisions
Civil appellate practice at the Calcutta High Court involves:
First Appeals (Section 96 CPC): From decrees of civil courts where the appeal lies to the High Court. The High Court can reappreciate evidence and come to its own conclusions.
Second Appeals (Section 100 CPC): Restricted to substantial questions of law. The High Court does not reappreciate facts unless the finding is perverse.
Civil Revisions (Section 115 CPC): Against interlocutory orders of subordinate courts. The scope of revision is narrower than appeal — the High Court interferes only on jurisdictional grounds.
Letters Patent Appeals (LPA): Intra-court appeals against judgments of a Single Judge to a Division Bench, available under Clause 15 of the Letters Patent.
Practice Before the Original Side
The Original Side of the Calcutta High Court hears civil suits of high value. Practice on the Original Side follows a distinct set of rules and procedures, including the Original Side Rules and the Calcutta High Court (Original Side) Rules. Matters handled include:
Commercial Suits: Contract disputes, recovery of large sums, and shareholder disputes.
Testamentary and Probate Matters: Grant of probate, letters of administration, and succession certificates.
Admiralty Suits: Maritime claims against ships calling at the Kolkata port.
Company Matters: Winding up, schemes of arrangement, and oppression and mismanagement petitions.
Intellectual Property Suits: Trademark, copyright, and patent infringement cases.
Contempt Jurisdiction
The Calcutta High Court, like all High Courts, exercises contempt jurisdiction under Article 215 of the Constitution and the Contempt of Courts Act, 1971. Advocate Shaw handles both civil contempt (wilful disobedience of court orders) and criminal contempt (scandalizing or interfering with the administration of justice).