Proof of good faith in transactions where one party is in relation of active confidence
Chapter 7: Of the burden of proof
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.
Illustrations.
(a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 111Burden of proving that person is alive who has not been heard of for seven yearsEvidence Act 108
- 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113Burden of proof as to ownershipEvidence Act 110
- 115Presumption as to certain offencesEvidence Act 111A
- 116Birth during marriage, conclusive proof of legitimacyEvidence Act 112
- 117Presumption as to abetment of suicide by a married womanEvidence Act 113A