charges in the domestic
inquiries are required to be proved by preponderance of
probabilities. It is, thus, the case of the Union of India that ... criminal case is not required in departmental
proceedings and it is preponderance of probabilities which is
sufficient to bring home a charge in the departmental
prove a defence on the part of an accused is
preponderance of probabilities . Inference of preponderance of
probabilities can be drawn not only from ... standard of proof
so as to prove a defence is "preponderance of probability".
Inference of preponderance of probabilities can be drawn even
Apex Court considered the principles of
preponderance of probabilities and judicial review over disciplinary matters,
Page ... governed by a preponderance of
probabilities. This standard is also described
sometimes as a balance of probability or the
preponderance of the evidence. Phipson
under:
ISSUES NO. 1
The onus to prove this issue beyond preponderance of
probabilities is upon the petitioners.
9.1 Petitioners/claimants have examined Sh.Sanjay ... issue no. 1 is only to be proved by claimants
beyond preponderance of probabilities as distinguished from
beyond reasonable doubt. In a judgment
motor accident claimed case is not
beyond reasonable doubt but the preponderance of probability.
The deceased was earning ₹ 16,845/- per month An increase ... that a claim petition has to be decided on a preponderance of
probability. It was observed:
31. Similarly, the issue of non-examination
upon the prosecution and the burden on the
Accused is only preponderance of probability. There is no dispute regarding
the settled proposition of law that ... prosecution is "beyond all reasonable doubt" but it is
preponderance of probability" on the Accused. If the prosecution fails to
prove
probabilities concerning a fact-situation will act on the
supposition that the fact exists, if on weighing the various
probabilities he finds that the preponderance ... preponderance of
probabilities. If the probabilities are so nicely balanced that a
reasonable, not a vascillating, mind cannot find where the
preponderance lies, a doubt
probabilities concerning a fact-situation will act on the
supposition that the fact exists, if on weighing the various
probabilities he finds that the preponderance ... preponderance of
probabilities. If the probabilities are so nicely balanced that a
reasonable, not a vascillating, mind cannot find where the
preponderance lies, a doubt
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 ... petitioner are held proved.
32. Pertinently, the Enquiry Officer considered the preponderance of
probabilities, which would be sufficient to form an opinion regarding the
misconduct
governed by a
preponderance of probabilities. This standard is also described sometimes as
a balance of probability or the preponderance of the evidence. "Phipson ... probabilities concerning a fact-situation will act on the supposition that
the fact exists, if on weighing the various probabilities he finds that the
preponderance
