parties, one of whom stands to the other in position of active confidence, the burden of proving the good faith of the transaction ... party who is in a position of active confidence.
The words "active confidence " have been interpreted by the learned author Sarkar
proof is laid
should have been in a position of active confidence. Where fraud is
10/ 43
https://www.mhc.tn.gov.in/judis ... whom stands to the
other in a position of active confidence, the burden of proving good faith of the
transaction is on the party
even pleaded that the deceased first plaintiff was under the active confidence of the defendants or the defendants 1 & 2 or all the defendants ... shown to be unhealthy or weak and thereby was under the active confidence of the defendants. On the other hand, it is found that though
equitable principles of law such as estoppel, undue influence, unconscionability and active confidence in the fiduciary relationship between an agent and a principal. During ... good faith in transactions where one party is in relation of active confidence.Where there is a question as to the good faith
Thaika Syed Mohaideen Jaffar Ribai vs M.Hameed Manzoor (Died) on 28 November, 2022
A
first respondent being the person in active confidence in the family, the
burden of proving good faith, is upon him in terms of the above ... that the husband of the appellant was in
a position of active confidence towards her at the time of the gift deed
and that
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 ... 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
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
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
