June 27, 2014

Principles of Guesswork by Judges in Court cases

In case of Trisala Jain, these principles are discussed by Supreme Court. 

In deciding cases under some laws, it is not possible to get best evidence and some guess work has to be done. 

The instant case was relating to Land Acquisitin where market price was required to guess. 

The Court said, guessing is not permissible when there is no evidence but if there is some evidence, guesswork can be applies as per principles (Para 33)


Judgement is reported in 2011(5)Scale 469 dated 5/6/2011 in CA No 7496 of 2005