https://www.taxtmi.com/caselaws?id=184630 The party asserting that a sale deed was forged or fabricated bears the initial burden under Sections 101 and 102, and that burden does not shift merely because the defendant is said to possess the document or occupy a dominant position. Section 111 applies only after a fiduciary relationship or active confidence is first proved; only then does the burden of showing good faith move to the party in the dominant position. Mere pleadings do not establish that relationship, and the difficulty of proving a negative does not alter the statutory allocation of proof. The courts below were therefore wrong to place the burden on the defendant without first finding the pleaded fiduciary relationship. en-us Tue, 02 May 2006 00:00:00 +0530 Thu, 07 Mar 2024 14:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184630 The party asserting that a sale deed was forged or fabricated bears the initial burden under Sections 101 and 102, and that burden does not shift merely because the defendant is said to possess the document or occupy a dominant position. Section 111 applies only after a fiduciary relationship or active confidence is first proved; only then does the burden of showing good faith move to the party in the dominant position. Mere pleadings do not establish that relationship, and the difficulty of proving a negative does not alter the statutory allocation of proof. The courts below were therefore wrong to place the burden on the defendant without first finding the pleaded fiduciary relationship. Case-Laws Indian Laws Tue, 02 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184630