Prepondarance of probability.....?
Querist :
Anonymous
(Querist) 06 December 2011
This query is : Resolved
Dear Experts,
1) In labour cases the preponderance of probabilities " required to make the delinquent employee guilty what is mean by " Preponderance of Probability "
ajay sethi
(Expert) 06 December 2011
The level of proof required to prevail in most civil cases. The judge must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).not necrssary to prove beyond reasonable doubt
Raj Kumar Makkad
(Expert) 06 December 2011
Where an accused person pleads an Exception he must justify his plea, but the degree and character of proof which he is expected to furnish in support of the plea, cannot be equated with the degree and character of proof expected from the prosecution which is required to prove its case. The onus on the accused may well be compared to the onus on a party in civil proceedings; just as in civil proceedings the Court which tries an issue makes its decision by adopting the test of probabilities.
Harbhajan Singh vs. State of Punjab,
AIR 1966 SC 97
prabhakar singh
(Expert) 07 December 2011
I agree with opinions advanced here.
Guest
(Expert) 07 December 2011
preponderance of probabilities, as in a civil case, denotes that in cases where the statute raises a presumption of guilt the accused is entitled to rebut that presumption by proving his defence by a balance of probabilities. He does not have to establish his case beyond a reasonable doubt.
Similarly, in service matters, in the domestic/ departmental inquiries case against the employee where proof beyond doubt is absent, the charged officer is entitled to put forth his defence on probability to disprove his guilt.
Raj Kumar Makkad
(Expert) 08 December 2011
Barman! Opinions here are diverse, upon which advice, you feel agreed?
Raj Kumar Makkad
(Expert) 08 December 2011
Otherwise also, you remain agreeing the experts without even reading the query what to talk of providing accurate reply to the authors.
