Document Fragment View

Matching Fragments

17. It is trite to say that the standard to prove the charge in the case is of preponderance of probabilities and not of a proof beyond reasonable doubt. The real test however lies in the application of the standard in a given case. For that purpose this Tribunal which is final fact finding forum is required to appreciate all the relevant facts, probabilities and circumstances found from the record. Upon examining this material, we shall have to prepare rather a balance sheet of the proved/admitted material and find on which side, the probability lie more. This exercise is explained more precisely by the then Hon‟ble Justice (later on Chief Justice of India) Shri Y. V. Chandrachud in the case of Narayan Ganesh Dastane ... Vrs .. Sucheta Narayan Dastane (A.I.R. 1975 Supreme Court 1534) as under :-