proving the exception beyond all reasonable doubt; (2) by proof through preponderance of probabilities; and (3) by creating a reasonable doubt in the mind ... discharged if the accused person succeeds 'in proving a preponderance of probability'."
Similarly, in V.D. Jhingan v. State
such a presumption, by
way of reasonable doubt and not by preponderance of probability.
13. Under normal criminal jurisprudence, the burden is cast upon ... charge to be proved on the basis of preponderance of probability or is the
prosecution to make merely a prima facie case, since the wording
been able to prove the
classification on the basis of preponderance of
probabilities, the burden would then shift to the
assessee to prove its claim ... conduct remaining seven tests, by applying the
principle of proof on preponderance of
probability, the High Court took the view that the
Revenue had been
should be made on the basis of the principle of
'preponderance of probabilities', rather than merely relying upon the
principle laid in National ... vehicle being impleaded
when a claim is being filed?.
(emphasis added)
Preponderance of Probability
19. However, an accident may have witnesses and, even
consideration can be either direct or by bringing on
record the preponderance of probabilities by reference to the
circumstances upon which he relies. In such ... standard of proof evidently is preponderance of
probabilities. Inference of preponderance of probabilities can be
drawn not only from the materials on record but also
preponderance is in favour of the existence of the particular fact. It was
observed that even in the case of proof by preponderance of probability ... governed by a
preponderance of probabilities. This standard is also described sometimes as a
balance of probability or the preponderance of the evidence. Phipson
preponderance is in favour of the existence of the particular fact. It was
observed that even in the case of proof by preponderance of probability ... governed by a
preponderance of probabilities. This standard is also described sometimes as a
balance of probability or the preponderance of the evidence. Phipson
prove a defence on the part of an
Accused is preponderance of probabilities.
9. The burden of proving the defence is on the accused.
However ... bringing on record such facts and circumstances
as to show the preponderance of probabilities tilting in his
favour, any doubt on the complainant
prove a defence on the part of an accused is
"Preponderance of probabilities".
10. Under the light of above extracted provisions ... consideration can be either direct or by bringing on
record the preponderance of probabilities by
reference to the circumstances upon which he
relies. In such
prove a defence on the part of an accused is
"Preponderance of probabilities".
10. Under the light of above extracted provisions ... consideration can be either direct or by bringing on
record the preponderance of probabilities by
reference to the circumstances upon which he
relies. In such
