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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 98: Evidence as to document unmeaning in reference to existing facts
- Section 162: Refreshing memory
- Section 153: Procedure of Court in case of question being asked without reasonable grounds
- Section 13: Facts bearing on question whether act was accidental or intentional
- Section 158: Impeaching credit of witness
Related Acts
- National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019
- Surrogacy (Regulation) Act, 2021
- Repealing and Amending Act, 2015
- Punjab Municipal Corporation Law (Extension to Chandigarh) Amendment Act, 2017
- Transgender Persons (Protection of Rights) Act, 2019
* Only for reference.