rebut the presumption under section 139 N.I. Act,
the standard of proof for doing so cannot be equivalent to the standard of
proof which ... discharge an unduly
CC No. 69/13 16/32
high standard or proof. In the absence of compelling justifications,
reverse onus clause usually impose
facts of the case, it is pertinent to note that the standard of
proof which is required from the accused to rebut the statutory presumption ... interalia held the following:
"The standard of proof evidently is preponderance of probabilities.
Inference of preponderance of probabilities can be drawn not only
from
29151/2019 Dated 22.10.2020 Pages 5
complainant/prosecution Also, the standard of proof is beyond reasonable
doubt. However, in offences under section ... Further, it is also a settled proposition of law that the standard of proof
which is required from the accused to rebut the statutory presumption
relied upon. "
This Court clearly laid down the law that standard of proof in discharge
of the burden in terms of Section ... furthermore did not take into consideration the legal principle that
the standard of proof upon a prosecution and upon an accused is different. "
Nature
accused. At this stage, it is pertinent to note that the standard of proof which is required from
the accused to rebut the statutory presumption ... interalia held the
following:
"The standard of proof evidently is preponderance of probabilities.
Inference of preponderance of probabilities can be drawn not only
from
guilt of the accused lies on the complainant/prosecution
Also, the standard of proof is beyond reasonable doubt. However, in offences
under section ... Further, it is also a settled proposition of law that the standard of proof which
is required from the accused to rebut the statutory presumption
defendant-accused cannot be expected to discharge
an unduly high standard or proof."
20. In Kumar Exports vs. Sharma Carpets ... enforceable debt or
other liability.
(e) What is the manner and standard of proof for
dislodging presumption under Section
facts of the case, it is pertinent to note that the standard of proof which is required from the
accused to rebut the statutory presumption ... interalia held the
following:
"The standard of proof evidently is preponderance of probabilities.
Inference of preponderance of probabilities can be drawn not only
from
This Court clearly laid down the law that standard of proof in
discharge of the burden in terms of Section 139 of the Act being ... furthermore did not take into consideration the legal principle that the standard of
proof upon a prosecution and upon an accused is different
rebut the presumption under section 139 N.I. Act, the standard of proof for
doing so cannot be equivalent to the standard of proof which ... accused/defendant cannot
be expected to discharge an unduly high standard or proof. In the
absence of compelling justifications, reverse onus clause usually
impose
