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Section 114 - Proof of good faith in transactions where one party is in relation of active confidence | The Bharatiya Sakshya Adhiniyam, 2023 vs Indian Evidence Act, 1872 | LawFinder

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The Bharatiya Sakshya Adhiniyam, 2023 Section 114Indian Evidence Act, 1872 Section 111

The Bharatiya Sakshya Adhiniyam, 2023

Section 114

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

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The Bharatiya Sakshya Adhiniyam, 2023

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

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.

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Indian Evidence Act, 1872

Section 111

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

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Indian Evidence Act, 1872

111. Proof of good faith in transactions where one party is in relation of active confidence

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 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 attorney is in question in a suit brought by the client. The burden proving the good faith of the transaction is on the attorney.

(b) The good faith of a sale by a son just come of age to a father is in question is a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

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