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
having regard to all the circumstances of the
case and the preponderance of probabilities, the evidential
burden shifts back to the complainant and, thereafter ... rebuttable and the
standard of proof required for such rebuttal is
preponderance of probabilities and not proof beyond
reasonable doubt. The Court observed
Ratul Puri vs Bank Of Baroda on 29 February, 2024
Author: Purushaindra Kumar Kaurav
Bench
Ratul Puri vs Bank Of Baroda on 29 February, 2024
Author: Purushaindra Kumar Kaurav
Bench
second contention raised by counsel for claimants, relates to
preponderance of probabilities and reliance was placed upon the decision of
Supreme Court in Dulcina Fernandes ... trite
law that the evidence has to be examined on preponderance of probabilities
and standard of proof beyond reasonable doubt cannot be applied in such
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
Impugned
Orders has relied on the principle of 'preponderance of
probability' to hold the petitioner guilty of all charges leveled
against him, while ... governed by a preponderance of probabilities.
This standard is also described sometimes as a balance
of probability or the preponderance of the evidence.
Phipson
accused, is able to prove his case by the standard of preponderance of probabilities as envisaged by Section 5 of the Evidence ... discharged is the accused person succeeds "in proving a preponderance of probability." As soon as the preponderance of probability is proved, the burden
alleged, much less proved-even on the basis of
preponderance of probabilities, that the cheques in question had been
obtained from the lawful owner ... 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
