Scope of section 95 of Companies Act
The section 95 of this act makes the register and copies of annual return maintained by the company as the prima facie evidence. That means the register and the copies of the annual return maintained by the company are themselves as a satisfactory proof that the court will count them and mark them as prior evidence in civil cases. The penalties imposed on company under section 88 and section 94 on the company shall only by liable when the court admits the register and copies of annual return as primary evidence and held company or any such officer of the company liable.
What’s ‘Prima Facie Evidence’?
Prima facie is a legal term used in civil cases where the plaintiff carries the burden of proof. It refers to a case where pre-trial evidence is reviewed by a judge and determined to be sufficient to warrant a trial. In civil litigation, a lawsuit is filed against the plaintiff claiming that the defendant’s actions or inactions caused an injury. The complaint must provide background information and the defendant’s contribution to the injury. The court must determine if the case is valid and merit full before proceeding. If the plaintiff fails to provide sufficient evidence, the court may dismiss the case before trial. If a prima facie case exists, the defendant must produce evidence to fight the claims made against them. In some cases, the evidence presented in a claim can allow for summary judgment. Once a prima facie case is established, the burden of proof shifts from the plaintiff to the defendant, who must prove that the claims against them are not valid enough for conviction.