IEA 111 — Proof of good faith in transactions where one party is in relation of active confidence

Indian Evidence Act, 1872

Statutory text

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.

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