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
existence of the consideration either
by direct evidence or by preponderance of probabilities
showing that the existence of consideration was
improbable, doubtful or illegal ... 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
claimants
were merely to establish their case on the touchstone of
preponderance of probability. The standard of proof
beyond reasonable doubt could not have been ... claimants were
merely to establish their case on the touchstone of
preponderance of probability and standard of proof beyond
reasonable doubt cannot be applied
standard of proof for
doing so is that of `preponderance of probabilities'. Therefore, if the
accused is able to raise a probable defence which ... standard of proof for doing so is that
of "preponderance of probabilities". Therefore, if the
accused is able to raise a probable defence
criminal court is not required in
a disciplinary proceedings and preponderance of
probabilities is sufficient. There may be cases
where a person is acquitted ... guilt
beyond a reasonable doubt, whereas in
departmental/disciplinary proceedings, the
preponderance of probability is sufficient. In the
present case, the fact that the money
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
reasonable doubt; the one on the accused is only
mere preponderance of probability."
24. A similar view has been expressed by the Apex Court ... having regard to all the circumstances of the
case and the preponderance of probabilities, the evidential burden
shifts back to the complainant and, thereafter
accused beyond any reasonable doubt, in a civil
suit " preponderance of probability" would serve
the purpose for obtaining a decree".
(emphasis supplied ... governed by a preponderance of
probabilities. This standard is also described
sometimes as a balance of probability or the
preponderance of the evidence. Phipson
proved the defence by meeting the standards
of preponderance of probabilities and hence, the Judgment &
Order of both the Appellate Court as well ... doubt. However, it is sufficient if it meets the standard
of preponderance of probability. In order to meet the
preponderance of probability, there
holistic view of the matter, in
the light of surrounding circumstances, preponderance of probabilities and ground
realities, rather than being swayed ... however, statement of 'S' did not satisfy
test of preponderance of probability, as, 'S' had not + produced any records to
substantiate
