Bharatiya Sakshya Adhiniyam

Chapter 7

of the Burden of Proof

Section 114Proof of good faith in transactions where one party is in relation of active confidence

Description

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.

📖 Understanding This Section

This section is part of Bharatiya Sakshya Adhiniyam, Chapter 7 (of the Burden of Proof). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.