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Indian Evidence Act, 1872


111. 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 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 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 is a suit brought by the son. The burden of proving the good faith of the transaction is on the father.



Indian Evidence Act, 1872 Back




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