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An adverse inference is a legal principle where a court presumes that a party withholding relevant evidence or testimony is doing so because it would be unfavorable to their case, thereby drawing a negative conclusion against that party. This discretionary rule applies when a litigant fails to produce evidence they control and is expected to present, allowing the judge to infer that the missing information would harm the party's own case.

Key Aspects of Adverse Inference:
Discretionary Rule:
Judges have the discretion to decide if an adverse inference is justified based on the specific circumstances of the case.
Failure to Produce Evidence:
The principle arises when a party fails to produce relevant evidence, testimony, or a material witness that they have control over.
Lack of Explanation:
The party withholding the evidence must provide a reasonable explanation for its absence.
Negative Assumption:
The court can assume the evidence would be unfavorable to the party who failed to present it.
Fairness:
The rule helps ensure fairness in legal proceedings by preventing a party from benefiting from withholding crucial information.

Examples:
A party in a divorce proceeding fails to disclose assets, leading the court to make assumptions about the value of the hidden property.
A party in a civil case fails to call a witness who has direct knowledge of the facts, leading the court to infer that the witness's testimony would have been unfavorable to that party's case.