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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 45: Grounds of opinion, when relevant
- Section 156: Exclusion of evidence to contradict answers to questions testing veracity
- Section 148: Cross-examination as to previous statements in writing
- Section 97: Exclusion of Evidence against application of document to existing facts
- Section 137: Witness not excused from answering on ground that answer will criminate
Related Acts
* Only for reference.