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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 103: Saving of provisions of Indian Succession Act relating to wills
- Section 124: Who may testify
- Section 16: Admission by party to proceeding or his agent
- Section 48: Evidence of character or previous sexual experience not relevant in certain cases
- Section 19: Proof of admissions against persons making them, and by or on their behalf
Related Acts
- Central Goods and Services Tax Act, 2017
- Real Estate (Regulation and Development) Act, 2016
- Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018
- Code on Wages, 2019
- Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021
* Only for reference.