As per Black’s Law Dictionary, 9th Edition, ‘Inference’ means “a conclusion reached by considering other facts and deducing a logical consequence from them.”
‘Adverse Inference’ is explained as follows:
“A detrimental conclusion drawn by the fact-finder from a party’s failure to produce evidence that is within the party’s control. Some courts allow the inference only if the party’s failure is attributable to bad faith.” The aforesaid meaning would also suggest that inferences, whether adverse or otherwise, are to be drawn by the Court, on consideration of facts and circumstances of each individual cases.
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