
HR Learning and Skill Building Academy
June 14, 2025 at 07:54 AM
*PREPONDERANCE OF PROBABILITY*
The Bharatiya Sakshya Adhiniyam, 2023 under Sec.2 (1) (h) (j) (j) "proved". – “A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists”;
Cholan Roadways Ltd. v. G. Thirugnanasambandam, (2005) 3 SCC 241, the Supreme Court held that “It is now a well-settled principle of law that the principles of the Evidence Act have no application in a domestic enquiry”.
In this judgment, it implies the principle of Equity. Although, in criminal cases, there is very strict adherence to the provisions of the Evidence Act, here where, the Courts shall not go into quantum of punishment whatever the personal circumstances. Theft means theft, whatever the value of the items.
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