relationship with
another and the latter is in a position of active confidence, the burden of
proving the absence of fraud, misrepresentation or undue influence ... relationship with another
and the latter is in a position of active confidence the
burden of proving the absence of fraud,
misrepresentation or undue influence
good faith in transactions where one party is in relation of active confidence.
Where there is a question as to the good faith ... 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
land with permission of the plaintiff, which
shows that they enjoyed active confidence of the plaintiff. It was
submitted that the plaintiff had never executed ... fraud would be on the defendants
31
as they enjoyed active confidence of the plaintiff. To establish the
presence of active confidence, the plaintiff relied
relationship
with another and the latter is in a position of active confidence the
burden of proving the absence of fraud, misrepresentation or undue
influence ... party who is in a position of active confidence. A person
standing in a fiduciary relation to another has a duty to protect the
interest
given by his own mother to the first plaintiff, had reposed active confidence in the 1st plaintiff and was implicitly obeying all the directions given ... representation made by the 1st plaintiff and in view of the active confidence he had reposed in him and without suspecting the bona fides
went on to observe that
defendants had abused their position of active confidence, in
the following words:
".....
The entire exercise indeed smacks of connivance ... presumption of undue influence against a person in
position of active confidence is drawn. The factum of active
confidence should also be established.
15. Section
good faith in transactions where one party is
in relation of active confidence.--Where there is a question as
to the good faith ... 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
good faith in transactions where one party is
in relation of active confidence.--Where there is a question as
to the good faith ... 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
good faith in transactions where one party is
in relation of active confidence.--Where there is a question as
to the good faith ... 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
good faith in transactions where one party is
in relation of active confidence.--Where there is a question as
to the good faith ... 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
