Section 112 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
📜 Section 112: Burden of Proof as to Relationship in the Cases of Partners, Landlord and Tenant, Principal and Agent
Text of Section 112:
When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.(lextechsuite.com)
🧠 Understanding Section 112
Section 112 addresses the burden of proof concerning the existence or cessation of certain relationships, specifically:(jurisnode.com)
Partners: Individuals engaged in a partnership business.
Landlord and Tenant: The owner of a property and the person renting it.
Principal and Agent: The person authorizing another to act on their behalf and the person acting under that authority.
The section establishes that if it is shown that individuals have been acting in any of these relationships, the burden of proving that such a relationship does not exist or has ceased to exist lies with the person who asserts it.(constitutionofindia.in)
⚖️ Legal Context and Application
This provision ensures that once a relationship is established through conduct or actions, the onus shifts to the party denying its existence or continuity. It prevents parties from arbitrarily denying established relationships without providing sufficient evidence.
Example:
If two individuals have been sharing profits and losses from a business, and one later claims they were never partners, the person making this claim must provide evidence to prove that the partnership has been dissolved or never existed.(kanoongpt.in)
📌 Significance of Section 112
Prevents Arbitrary Denial: It prevents individuals from arbitrarily denying established relationships without substantial evidence.
Ensures Legal Certainty: By placing the burden of proof on the person denying the relationship, it ensures clarity and certainty in legal proceedings.
Protects Established Rights: It safeguards the rights of individuals who have been acting in a particular capacity, ensuring they are not unjustly deprived of their status or entitlements
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