Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that cheque was never intended to be used for realising amount - Material contradiction between examination-in-chief and cross-examination - It only probablises the defence taken by accused - Defence has established correctness of stand taken by means of preponderance probabilities...........
Prevention of Corruption Act, 1988, Section 20 -- Presumption - Rebuttal - Not akin to that of burden placed on the prosecution to prove the case beyond a reasonable doubt - Preponderance of probability is enough to discharge the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Presumption - Rebuttal - Presumption rebutted by putting a question in cross examination that an attempt was made to hand over the tainted money and appellant pushed with his right hand and that is how his right hand turned positive in the phenoptheline..........
Practice and Procedure -- Civil litigation - Held, preponderance of probabilities would govern the adjudication in civil cases...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Presumption - Knowledge that vehicle will be used for transporting narcotics has to be proved by prosecution beyond reasonable doubt and not by a mere preponderance of probability...........
Criminal trial -- Defence evidence - Defence which is based on preponderance and probability, due weightage should be given to it and it should not be equated with the same standard of proof with that of prosecution, where the prosecution is obliged to prove the case beyond all reasonable doubt...........
Motor Vehicles Act, 1988, Section 166, 168 -- Motor Accident - Proof of - Claim petition filed after four months of accident - Held, claim petition cannot be rejected on this ground - In road accident claim, the strict principles of proof in a criminal case are not attracted - Claimants are merely to establish their case on the touchstone of preponderance of probability...........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Burden of proof - Burden to prove is on accused - However, accused is not required to prove the same beyond all reasonable doubt but merely satisfy the preponderance of probabilities - Onus has to be discharged by producing evidence as to the conduct prior to the offence, conduct at the time of immediately after..........
Registered document -- Presumption of truth lies in favour of registered document and such presumption can be offset if the executor of these documents pleads fraud and proves it - A person who pleads fraud must prove by cogent evidence and the finding of fraud cannot be left to the vagaries of preponderance of probabilities and conjectures...........
Representation of the Peoples Act, 1951, Section 116A -- Election - Corrupt practice - Consequences flowing from the proof of corrupt practice at the election are serious and hence the onus of establishing commission of corrupt practice lies heavily on the person who alleges the same - Onus of proof is not discharged merely on preponderance of probabilities but the..........
