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      Question

      In a suit brought by a client questioning the good faith

      of a sale made by that client to their advocate (attorney), under the Bharatiya Sakshya Adhiniyam (BSA), 2023, on whom does the burden of proving the good faith of the transaction lie?
      A The client Correct Answer Incorrect Answer
      B The advocate (attorney) Correct Answer Incorrect Answer
      C The sales representative Correct Answer Incorrect Answer
      D It is shared equally between the client and the advocate Correct Answer Incorrect Answer
      E The Court (Suo motu) Correct Answer Incorrect Answer

      Solution

      This scenario is governed by the principle of "Active Confidence," which is codified in Section 114 of the BSA, 2023 (corresponding to Section 111 of the repealed Indian Evidence Act, 1872). The Statutory Rule (Section 114 BSA) Section 114 states that 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 the position of active confidence.

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