Section 114: Proof of good faith in transactions where one party is in relation of active confidence

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 19 of our papers cite Section 114. Try these from the free papers:

1. 1. A plaintiff sues to set aside a sale deed, alleging that the defendant, who was in a dominating position, obtained it by fraud. Following Anil Rishi v. Gurbaksh Singh (2006), on the burden of proof under Sections 104 and 114 of the BSA (formerly Sections 101 and 111 of the Evidence Act):

   A.the burden lies on the defendant from the start, since he holds the original deed in his possessionB.the burden lies on the defendant whenever it is more difficult for the plaintiff to prove the fraudC.the initial burden is on the plaintiff, who must first prove the active confidence relied onD.the burden lies on the defendant once the plaintiff merely pleads that the defendant was dominant
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2. 2. B, who has just attained majority, sells his land to his father A. B later sues to set the sale aside, and the good faith of the transaction is in question. Under Section 114 of the BSA, the burden of proving the good faith of the sale is on:

   A.B, because a person who has just attained majority is presumed to act freelyB.A, because he is the party who stands in a position of active confidenceC.B, because he is the plaintiff who seeks to set aside a completed saleD.A, but only if B first proves that A exercised coercion over him
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