standard of proof for
rebutting the presumption is that of
preponderance of probabilities.
25.3. To rebut the presumption, it is
open for the accused ... complainant in order to raise a probable
defence. Inference of preponderance of
probabilities can be drawn not only from
the materials brought on record
modern law, in matrimonial disputes,
adultery can be proved by preponderance of probabilities. The
law relating to "Standard of Proof" came up before ... which governs the
civil proceeding is that it is proved by preponderance of
probabilities.
"Normally this Court would not have gone into the
evidence
application.
The doctrine of proof beyond doubt has no
application. Preponderance of probabilities and
some material on record are necessary to arrive at
the conclusion ... documents must arrive at a conclusion that there
had been a preponderance of probability to prove
the charges on the basis of materials on record
prove corrupt practice is on the election petitioner. The doctrine of preponderance of probabilities in a civil action is not extended for proof of corrupt ... conviction in a criminal action. While in the former, a mere preponderance of probability may constitute an adequate basis of decision, in the latter
claim proceedings arising out of motor vehicle accidents is that of preponderance of probabilities and not that of proof beyond reasonable doubt. In the case ... governed by a preponderance of probabilities. This standard is also described sometimes as a balance of probability or the preponderance of the evidence. Phipson
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 ... having regard to all the circumstances of the
case and the preponderance of probabilities, the evidential
burden shifts back to the complainant and, thereafter
application. The doctrine of âproof beyond
doubtâ has no application. Preponderance of
probabilities and some material on record are necessary
to arrive ... documents must arrive at a
conclusion that there had been a preponderance of
probability to prove the charges on the basis of materials
on record
examination under Section 313 of
Criminal Procedure Code by way of preponderance of
probability.
22. It is the evidence of PW.1 that when ... land in question and that would be considered by way of
preponderance of probabilities. Whatever the defence
may be those are to be considered
apparent and glaring and not on the basis of
32
preponderance of probabilities. There must be direct evidence of
falsification and fabrication of the books ... proved beyond a reasonable doubt but could be based
on a preponderance of probability.
35. Reliance has been made on a decision of the Supreme
assessee in the course of business viz., human conduct, preponderance of
probability and surrounding circumstances. In my considered view, even if
documentary evidence is produced ... evidence and can withstand the challenge in
appellate proceedings. Principle of preponderance of probabilities applies.
What is stated and the said standard, equally apply
