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.
Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
The Indian Evidence Act, 1872Central Act · Act 1 of 1872
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Indian Evidence Act, 1872 |
|---|---|
| Section | 109 |
| Marginal note | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 1 |
Judgments that turned on this provision
- SHRI PARTAP SINGH (SINCE DEAD) THR HIS LRS. . vs SHIV RAM (SINCE DEAD) THR LRS.Supreme Court of India · 2020-02-20
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