# Registers, etc., to be Evidence (Section 95)

## Provision

The registers, their indices, and copies of annual returns maintained under:

Section 88 (Register of members, etc.); and
Section 94 (Place of keeping registers)

shall be prima facie evidence of any matter directed or authorised to be inserted therein by or under this Act.

## What does 'Prima Facie Evidence' Mean?

'Prima facie' literally means "at first sight" or "on the face of it." In law, prima facie evidence is sufficient to establish a fact unless disproved by contrary evidence.

So, entries in the register of members are presumed correct unless someone proves otherwise.

## Why is this important?

In legal disputes over membership, shareholding, or beneficial ownership, the registers serve as default proof.
The burden of disproving such entries shifts to the person who challenges them.

## Key Takeaways

Registers under Sections 88 & 94 = prima facie evidence.
Not conclusive — they can be rebutted by contrary evidence.

Worked example

### Example 1

Example: Mr. A's name appears in the register of members of XYZ Ltd. as the holder of 1,000 equity shares. Mr. B challenges this, claiming the shares were transferred to him. In court:

Solution: The register entry serves as prima facie evidence that Mr. A holds the shares. Mr. B must produce evidence (e.g., a duly executed transfer deed) to rebut this presumption. Until then, Mr. A is treated as the rightful member.

⚠️ Common exam mistakes

Treating prima facie evidence as conclusive proof — it can be rebutted.
Forgetting that Section 95 covers registers and indices under BOTH Sections 88 AND 94, plus copies of annual returns.

Bare-Act text Section 95 · The Companies Act, 2013 · click to expand

Section 95: 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.

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Registers as Evidence (Section 95)

Worked example

⚠️ Common exam mistakes