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 ina suit brought by the son. The burden of proving the good faith of the transaction is on the father.
Burden of proving fact especially within knowledge.
Burden of proving death of person known to have been alive within thirty years.
Burden of proving that person is alive who has not been heard of for seven years.
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
Burden of proof as to ownership.
Proof of good faith in transactions where one party is in relation of active confidence.
Presumption as to certain offences.
Birth during marriage, conclusive proof of legitimacy.
Presumption as to abetment of suicide by a married woman.
Presumption as to dowry death.
Court may presume existence of certain facts.