Bharatiya Sakshya Adhiniyam
Chapter 7
of the Burden of Proof
Section 114 • Proof 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.
