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 ... paragraph No.32:-
“32. The standard of proof evidently is
preponderance of probabilities. Inference
of preponderance of probabilities can be
drawn not only from
under the Act has to be decided on the touchstone of
preponderance of probability rather than on the standard of
proof beyond reasonable doubt which ... matters of reckless driving and negligence are res ipsa
loquitor and preponderance of probability. That principle
casts a burden on the appellants/claimants to show
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
disciplinary proceedings evidence relied upon has to be tested on preponderance of probabilities therefore, even if the Government Servant has been acquitted in criminal trial ... criminal trial. The standard proof required is that of preponderance of probability and not proof beyond reasonable doubt. If the inference that Nand Kumar
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
prove a defence on the part of the accused is
`preponderance of probabilities'. Inference of
preponderance of probabilities can be drawn not
only from ... existence of the
consideration either by direct evidence or by
preponderance of probabilities showing that the
existence of consideration was improbable,
doubtful or illegal....
This
taken up by the accused is
established in this case by preponderance of
probabilities and in turn to ascertain whether the
prosecution has proved ... accused has not even proved his defence by
means of preponderance of probabilities, the
probabilities which are sought to be proved otherwise
demonstrated
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
through
the impugned orders based on the degree of proof on
preponderance of probability is legally sustainable ... standard of proof as
required in a departmental proceedings, i.e., preponderance
of probability. The principle of preponderance of
probability in the present case involves
