proof to be applied is that applicable in
civil actions generally, namely, proof on the balance of probability, and
not the higher standard of proof ... convincing evidence or by proof that is beyond reasonable doubt. Proof
by 'clear and convincing evidence' lies between standard of 'preponderance
headmaster (PW-4) was sufficient for its satisfaction that the standard of proof required in a case of establishing the ineligibility of the defendant ... submitted that the court must not lay down an impossible standard of proof such that the object of the legislation is defeated. It has been
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
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
Supreme
Court had stressed on the different yardsticks and standards of proof
required in two different proceedings and held acquittal in a criminal case ... acquittal of an employee in a criminal proceeding
particularly when the standard of proof in two proceedings are completely
different from each other
finding that
the charges levelled against him are proved. The standard of proof in
a disciplinary proceeding unlike any criminal proceeding ... Board of
Secondary and Higher Secondary Education (supra) while reiterating
the standard of proof required in a disciplinary proceeding, i.e.
"preponderance of probabilities
evidence are not applicable in a departmental inquiry and the standard of proof required in a departmental proceeding is preponderance of probability as opposed ... proof is not proof beyond reasonable doubt but the preponderance of probabilities tending to draw an inference that the fact must be more probable. Standard
same is reproduced:-
"I have discussed the question of standard proof of age with the proposer
and I am satisfied that ... submit a standard proof of age for the following
reason :
REASONS OTHER PROOF OF AGE NOT AVAILABLE.
I further certify that according to my estimation
proof of
circumstances (meaning thereby proof of circumstances by
balance of probabilities as in a civil case) is insufficient in a
criminal trial and proof ... between proof in a civil trial and
proof in a criminal trial and that is why the definition does not
separately provide for proof
degree of proof. The standard differs in criminal and civil cases.
In civil cases, the standard of proof is satisfied on a balance of probabilities ... will not reach the criminal standard.
In criminal cases, the standard requirement of the prosecution is proof beyond reasonable doubt. This standard is also requisite
