establish their case on the touchstone of
preponderance of probability. The standard of proof
beyond reasonable doubt could not have been applied.
For the said ... touchstone of
preponderance of probability and certainly not by
standard of proof beyond reasonable doubt. Suffice it to
observe that the exposition in the judgments
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
behalf of the
complainant can be relied upon. Dealing with standard of proof, the
following was observed in para ... 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
record. An accused has a
constitutional right to maintain silence. Standard
of proof on the part of the accused and that of the
prosecution ... prove the guilt of an accused beyond all
reasonable doubt, the standard of proof so as to
prove a defence on the part
establish their case on the touchstone of
preponderance of probability. The standard of proof
beyond reasonable doubt could not have been applied.
For the said ... establish their case on the touchstone of
preponderance of probability and standard of proof beyond
reasonable doubt cannot be applied by the Tribunal while
dealing
established, what sentence should be imposed upon him. The standard of proof, the mode of enquiry and the rules governing the enquiry and trial ... defined under the relevant statutory rules or law. That the strict standard of proof or applicability of the Evidence Act stands excluded is a settled
Court, domestic
enquiry can be held, the reason being that the standard of proof
required in a domestic enquiry and that in a criminal case ... altogether different. In a criminal case, standard of proof required
is beyond reasonable doubt while in a domestic enquiry it is the
preponderance of probabilities
standard of proof to apply for
finding whether the burden of proof is discharged.
21. Ruling out application of "proof beyond
reasonable doubt ... Dastane case
(supra) has observed that the proof beyond reasonable doubt
is proof by a higher standard which generally governs
criminal trials or trials involving
respondent could not
but accept the position that the standard of
proof required to establish the guilt in a criminal
case is far higher than ... standard of proof
required to establish the guilt in the
departmental proceedings. He also accepted that
in the present case, the charge in the
departmental
