The registers, their indices and copies of annual returns maintained under sections 88 and 94 shall be prima facie evidence of any matter directed or authorised to be inserted therein by or under this Act.
Registers
& Indices maintained under Section 88
(e.g., Register of Members, Register of Debenture Holders, and Register of
Other Security Holders).
Copies
of Annual Returns maintained under Section 94 (place
of keeping and inspection of returns).
Nature of "Prima Facie Evidence":
Entries
made in these registers/returns are presumed legally true and correct on the
face of it, without requiring immediate independent proof.
It
shifts the burden of proof onto the person claiming otherwise.
Rebuttable Presumption:
"Prima
facie" does not mean absolute or conclusive proof. It remains valid
evidence in court or tribunal proceedings until proven incorrect by
strong, contrary evidence
No comments:
Post a Comment