presumption of undue influence against a
person in position of active confidence is
drawn. The factum of active confidence
should also be established ... when the real nature thereof
is in question. The words "active confidence"
indicate that the relationship between the
parties must be such that
with the beneficiary or the
beneficiary was in a possession of active confidence. In such
circumstances, the burden is on the person who claims 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
deceased and he had been abusing
his fiduciary position of active confidence induced the deceased
to transfer his other properties in favour of the family ... denied the
suggestion that petitioner stood in the capacity of active
confidence qua the testator. PW-2 further deposed that it is
written
Sunil Kumar Jain & Anr vs Ram Kishan Tokas & Ors on 15 December, 2025
good faith in transactions where one party is in
relation of active confidence.
49. 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
Rajinder S Chawla Through Power Of ... vs Ramesh Kumar Ramnani on 26 May, 2025
IN
Saurabh Garg vs Shiv Valet Cabs And Services Pvt Ltd on 18 October, 2025
IN
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
Mr. Madhav Rajpal vs M/S Quetzco Private Limited on 27 October, 2025
IN THE
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
