What is Proof of good faith in transactions where one party is in relation of active confidence What is Presumption as to certain offences Section 111 and 111A of Indian Evidence Act 1872

Proof of good faith in transactions where one party is in relation of active confidence and Presumption as to certain offences are defined under section 111 and 111A of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 111 of Evidence Act "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.

 

Section 111A of Evidence Act "Presumption as to certain offences"

(1) Where a person is accused of having committed any offence specified in sub-section (2), in

(a) any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; of

(b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence.

(2) The offences referred to in sub-section (I) are the following, namely:-

(a) an offence under section 121, section 121 A, section 122 or section 123 of the Indian Penal Code (45 of 1860);

(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).]

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