114. 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
BSA Section 114: Proof of good faith in transactions where one party is in relation of active confidence
Section 114 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proof of good faith in transactions where one party is in relation of active confidence. It replaces Evidence Act 111 of the Indian Evidence Act, 1872.
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Text of BSA Section 114
Evidence Act sections replaced
- Evidence Act 111: Proof of good faith in transactions where one party is in relation of active confidence
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