FONDLY REMEMBERING LEARNED MR. KOVAI VENUGOPAL

The tragic demise of Ld. Mr. Kovai Venugopal (Ld. Judge presiding over the Family Courts in Saket Court, New Delhi) has robbed the Legal World of India of a very Fine Judge.

The fact of the matter is that one does become etched in minds and hearts forever for the immortal deeds one does and in case of Ld. Mr. Kovai Venugopal, he would forever live in our hearts. Even the orders that Your Honour passed as a Siting Judge are a clear reflection of the balance, the legal deliberation and the reasoned adjudication that he always believed in. 

While remembering the Respected Mr. Kovai Venugopal, me and my team comprising of Advocates Ms. Tanvi Sharma and Ms. Ritika Sharma and Legal intern Mr. Sahil Satija, have gone through some of his orders that are present in the public domain and would like to share the same, as our homage to the great and an extremely humane soul.

 CASE: MOHD. ARIF ALI VS MRS. MARYAM SHAMMEM ON 29 SEPTEMBER, 2018[1]

Author: Sh. Kovai Venugopal

HELD: “The argument that the complainant admitted in her complaint stating that the appellant belongs to backward family, stays at home idle, is not tenable as the same do not amount to the admission of financial status of the appellant no. 1 but were only stated in different context to explain the ordeals faced by the complainant…………..For deciding the interim relief, which is urgent in nature, for the purpose of day to day and medical expenses of both complainant and her minor son, the material available on record prima facie considered. This is not a stage where each and every technicality or strict principles of evidence are to be examined that can be done only at the end of the trial / inquiry. While deciding the interim relief, the Court has to keep in mind the exigencies, day to day necessities and expenses of the complainant and her minor child moreso, when domestic relation is already admitted. Merely having a graduation degree in particular discipline does not necessarily imply the earning capacity of the complainant. Even otherwise, the quantum of composite interim relief as ordered by the Ld. Trial Court i.e. Rs.12,000/- per month is quite reasonable considering the cost of living of the present day. It can not be ignored that minor child requires special attention and care, which itself costs reasonable expenditure.

The contention of the appellant that he is earning only Rs. 7 to Rs.8,000/- per month which is less than the minimum wages, is totally unbelievable and considered as only a statement made to escape from the liability. The material available prima facie shows that the appellant has much higher income than what he claims. His audacity to enter into a second marriage itself indicates his financial prowess. The appeal is bereft of any merits and the same is accordingly dismissed.”                     

CASE: RATNA KUMAR VERSUS PRINCIPAL DIRECTOR OF INCOME TAX (INVESTIGATION)-I, DELHI C.R No. 9/17 (329/17)[2]

Author: Sh. Kovai Venugopal

HELD: At the stage of framing of charge, probative value of the material brought on record by the prosecution has to be accepted as true and the Court is not to make a roving and fishing enquiry into the pros and cons of the matter and weigh the evidence as if it is conducting the trial. Even a very strong suspicion founded upon the materials before the court which leads him to form a presumptive opinion as to existence of factual ingredient constituting the offence should justify framing of charge and if two views are possible, the one which is favourable to the prosecution has to be accepted for the purpose of framing the charge. The court did not find any infirmity or illegality in the impugned Order. The Revision Petition is dismissed.

NEWS ARTICLE[3]

HELD: Term of man convicted of stealing ?530 reduced

The accused was a young man of 23 years at the time of offence. He might be a victim of circumstances like poverty, bad company, etc. It is seen from the record that the accused has already spent 33 days in judicial custody, that is, from August 2, 2012, to September 7, 2012.

Considering the socio-economic condition of the accused, his aged mother and the fact that he is not involved in any other offence after the present one, the sentence of imprisonment is reduced to the period undergone and fine amount is reduced to ?500.

CASE: PERMANENT VS STATE (GOVT. OF NCT OF DELHI) ON 11 JANUARY, 2019[4]

Author: Sh. Kovai Venugopal

HELD: After considering the circumstances of the case including the nature of offence and keeping in view the character of the offender, release of appellant on probation of good conduct under Section 4 of Probation of Offenders Act 1958. So, the conviction of appellant is maintained and the sentence of imprisonment and fine as awarded to him is set aside.

 CASE : Messers Sahara India Commercial on 31 March, 2012 [5]

Author: Sh.Kovai Venugopal

Held : In view of the payment made by the defendant during the pendency of the suit, nothing remains to be paid by the defendant. For the abovementioned reasons the suit filed by the plaintiff is dismissed. Decree sheet be prepared accordingly. File be consigned to record room.

           I would like to pay my final respects to the Learned Mr. Kovai Venugopal, by quoting Ralph Waldo Emerson, “The good judge is not he who does hair splitting justice to every allegation but who, aiming at substantial justice, rules something intelligible of the guidance of suitors.”.

 Bibliography                                                                     

[1] : https://indiankanoon.org/doc/12927233/

[2]https://www.taxsutra.com/sites/default/files/taxsutra.com/source_report/RT/attachment/webform__District_Court_-_RATNA_KUMAR.pdf

[3] https://www.thehindu.com/news/cities/Delhi/term-of-man-convicted-of- stealing-530-reduced/article25315848.ece

[4] https://indiankanoon.org/doc/29403781/

 [5] https://indiankanoon.org/docfragment/182835814/?formInput=bax%C2%A0global%C2%A0india%2012.

Grateful to indiankanoon.org, the hindu.com and tax sutra.com for making all the data accessible and available to all of us in the public domain.