Quick Navigation
Section 114 - The Bharatiya Sakshya Adhiniyam, 2023
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.
Related Sections
- Section 105: On whom burden of proof lies
- Section 116: Birth during marriage, conclusive proof of legitimacy
- Section 110: Burden of proving death of person known to have been alive within thirty years
- Section 136: Production of documents or electronic records which another person, having possession, could refuse to produce
- Section 144: Cross-examination of person called to produce a document
Related Acts
* Only for reference.