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M/S Kumar Exports vs M/S Sharma Carpets on 16 December, 2008

11. As per judgment passed by Hon'ble Supreme Court of India in M/s Kumar Exports Vs. Sharma Carpets, AIR (2009) 2 SC 1518 the accused is only expected to prove its defence on the scale of preponderance of probabilities and not by proving the same beyond reasonable doubt. Accused has lead sufficient evidence rebutting the presumption of law which compels the court to believe in its existence although the presumption are rebutted by demolishing the case of complainant by cross examining him. The onus again shifted back upon the complainant. The complainant has failed to establish its case beyond reasonable doubt and his burden of proof remain CC No.1081/1 8/ 9 undischarged.
Supreme Court of India Cites 12 - Cited by 3169 - J M Panchal - Full Document
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