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).]