LawgistThe Indian Evidence Act
111Proof 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 attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.
(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.
Download our fully-offline, High speed android app.- Click here
CHAPTER VII.--OF THE BURDEN OF PROOF
- 101 Burden of proof
- 102 On whom burden of proof lies
- 103 Burden of proof as to particular fact
- 104 Burden of proving fact to be proved to make evidence admissible
- 105 Burden of proving that case of accused comes within exceptions
- 106 Burden of proving fact especially within knowledge
- 107 Burden of proving death of person known to have been alive within thirty years
- 108 Burden of proving that person is alive who has not been heard of for seven years
- 109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110 Burden of proof as to ownership
- 111 Proof of good faith in transactions where one party is in relation of active confidence
- 111A Presumption as to certain offences
- 112 Birth during marriage, conclusive proof of legitimacy
- 113 Proof of cession of territory
- 113A Presumption as to abetment of suicide by a married woman
- 113B Presumption as to dowry death
- 114 Court may presume existence of certain facts
- 114A Presumption as to absence of consent in certain prosecution for rap
