could not be proved before the Central
Vigilance Commission where the standard of proof was
much lower it is very unlikely that the same charge ... could
be proved in a criminal trial where the standard of proof is
more stringent. If the petitioner is tried, the respondent-CBI
will
records. An accused has a
constitutional right to maintain silence. Standard of
proof on the part of an 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
comment and privilege. Truth, or
justification, is a complete defense. The standard of proof of
truth is not absolute but is limited to establishing that ... correct'. Fair comment offers
protection for the expression of opinions. Standard of proof is
not that the Court has to agree with the opinion
proceedings before Tribunal are more of an enquiry and same
standard of proof is not required for assessing civil liability."
7. A criminal case ... establish their case on
the touchstone of preponderance of probability. The standard of
proof beyond reasonable doubt could not have been applied
There is no dispute about the proposition of law that the
standard of proof required to prove negligence in a Claims
FAO. No733/2002 ... Page 9 of 12
Petition is different from the standard of proof required in a
criminal case. In a claim Petition filed under Section
serious one. It ought not to be made lightly. The standard of proof
that should be demanded by an Arbitrator before whom such allegation ... made would be no different from the standard of proof required if such a
plea were to be urged in proceedings before a civil court
stated as below:
"2. As regards the burden and standard of proof,
the common legal phraseology „he who asserts
must prove ... said to be constituting
the act of contempt. As regards the „standard of
proof‟, be it noted that a proceeding under the
extraordinary jurisdiction
proof in criminal cases mandates proof
beyond reasonable doubt and, therefore, evidence must meet the said
criteria. Even in cases of biased investigation, the standard
wherein it is held as under:-
"The standard of proof required to be established in a
criminal case is far higher than the standard
criminal trial proceedings simultaneously, against the same person. Since the
standard of proof required in a criminal trial is much higher than the standard ... disciplinary proceedings are not binding upon the criminal court and
the standard of proof required for conviction in a criminal case is much higher than
