Thursday, April 7, 2016

Section 111 Indian Evidence Act

IEA 111 : Section 111 of the Indian Evidence Act 1872:

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 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.

India's Important Case Laws and Landmark Judgments on IEA - Section 111 Indian Evidence Act 1872:
Smt. Malina Jana & Anr vs Promoda Pakhira & Ors on 26 March, 2014 - Calcutta High Court (Appellete Side)
Satya Narain vs Smt. Nanki Devi on 3 October, 1966 - Allahabad High Court
Daya Shankar vs Smt. Bachi And Ors. on 4 January, 1980 - Allahabad High Court
Tarak Nath Sha vs Bhutoria Brothers Private Ltd. on 1 September, 2003 - Calcutta High Court
Kanha vs Kalu And Ors. on 4 August, 2006 - Rajasthan High Court
Mustt. Jubeda Khatun vs Sulaiman Khan on 13 August, 1985 - Gauhati High Court
Sangramsinh P. Gaekwad & Ors vs Shantadevi P. Gaekwad on 20 January, 2005 - Supreme Court of India
Tq. & Dist. Amravati vs Kailash Matasaran Gupta on 24 June, 2014 - Bombay High Court
Yarlagadda Venkakka Choudary vs Daggubati Lakshminarayana on 31 March, 1995 - Andhra High Court
Bireswar Sen And Anr. vs Ashalata Ghose And Anr. on 12 August, 1968 - Calcutta High Court 

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