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Indian Laws - Highlights / Catch Notes

Home Highlights July 2016 Year 2016 This

A disciplinary inquiry, it is well settled, is not governed by ...


Disciplinary inquiries use preponderance of probabilities, not strict criminal evidence rules, with no re-evaluation of evidence adequacy.

July 14, 2016

Case Laws     Indian Laws     SC

A disciplinary inquiry, it is well settled, is not governed by the strict rules of evidence which govern a criminal trial. A charge of misconduct in a disciplinary proceeding has to be established on a preponderance of probabilities. - If there is some legal evidence to hold that a charge of misconduct is proved, the sufficiency of the evidence would not fall for re-appreciation or re-evaluation - SC

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