Code: Section 112 Bharatiya Sakshya Adhiniyam, 2023
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.
Explanation of Section 112 BSA
Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the burden of proof in cases where the legal relationship between parties, such as partners, landlord and tenant, or principal and agent, is questioned. If it is shown that the parties have been acting in a particular relationship, the burden of proof falls on the person claiming that the relationship has ceased or does not exist.
This section ensures that when individuals have been operating as part of a specific legal relationship, such as being partners in business or having landlord-tenant rights, the presumption is that the relationship continues unless proven otherwise.
Key Principles:
- Burden of proof: The person who asserts that a relationship (partner, landlord-tenant, principal-agent) does not exist or has ended must provide proof.
- Acting as such: If there is evidence that the parties have been acting in the capacity of a partner, landlord, tenant, or agent, the assumption is that the relationship persists unless proved otherwise.
- Relationships in question: This provision applies to relationships between partners in business, landlord and tenant, and principal and agent.
Illustrations
Illustration 1:
A and B have been working together as partners for several years. If B claims that their partnership has ended, B must prove it, as the burden of proof lies with the person asserting the change in the relationship.
Illustration 2:
C is a landlord and D is a tenant under a lease agreement. If D claims that their landlord-tenant relationship has ended, D must provide evidence to prove that the relationship no longer exists.
Illustration 3:
E is the principal, and F is his agent. If F claims that they are no longer acting as the agent of E, F must prove that the relationship has been terminated.
Common Questions and Answers on Section 112 BSA
- What happens if it is shown that the parties have been acting in a certain legal relationship?
- The assumption is that the relationship continues, and the burden of proof shifts to the person asserting that the relationship has ended or does not exist.
- Who has the burden of proof when questioning the existence of a partnership, landlord-tenant, or principal-agent relationship?
- The burden of proof lies on the person who claims that the relationship no longer exists or that the parties do not stand in such a relationship.
- What kind of evidence can be provided to prove the existence or termination of these relationships?
- Evidence may include contracts, communication, actions, payments, or any other documentary or testimonial evidence indicating that the parties were acting in the claimed relationship.
- Does this apply to all legal relationships?
- No, this provision specifically applies to partnerships, landlord-tenant relationships, and principal-agent relationships.
Conclusion
Section 112 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proof on the person claiming that a legal relationship (such as partnership, landlord-tenant, or principal-agent) does not exist or has ended. If it is shown that the parties have been acting in such roles, the presumption is that the relationship persists until proven otherwise.
This section ensures that individuals cannot easily deny or dispute established relationships unless they can provide sufficient evidence to the contrary, thus providing clarity in legal proceedings related to these types of relationships.
For further understanding of legal provisions related to evidence and the law, visit ApniLaw.
