Para 32 – The Standard of proof evidently is preponderance of probabilities. inference of preponderance of probabilities can be drawn not only rom the materials on record but also by reference to the circumstances upon which he relies. 

“Para 41.. Therefore, the rebuttal does not have to be conclusively established but such evidence must be adduced before  the court in support of the defence that the court must either believe the defence to exist or consider its existence to be reasonably probable, the standard of reasonability being that of the prudent man.

High Court of Delhi Laws (DLH) 2014 337

S.K.Jain Vs Vijay Kalra

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