BSA114
BSA Section 114: Proof of good faith in transactions where one party is in relation of active confidence
Ch VII · Of the Burden of Proof
Gazette p.40
Verbatim · BSA114. 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 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.
Cite as: Section 114, Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)