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Time of India
13-06-2025
- Politics
- Time of India
HC tells CBSE to rectify student records by updating official DoB
New Delhi: Delhi High Court has emphasised the "presumption of correctness" attached to official birth certificates and directed the Central Board of Secondary Education ( CBSE ) to amend a student's academic records accordingly. A division bench comprising Justices Subramonium Prasad and Harish V Shankar, in a recent order, underlined the "imminent need" to ensure consistency across official documents. This, the court said, not only affirms the accuracy of personal details in public records but also protects a citizen's identity—of which the date of birth is a crucial component. "A citizen of this country is entitled to a true and correct narration of all necessary and relevant particulars in the public documents that pertain to them. CBSE is a record keeper of considerable importance," the court observed, while dismissing CBSE's appeal against a single judge's order to correct the date of birth in certificates issued in 1999. The bench noted that documents like official birth certifiscates, issued by a competent authority, carry a statutory presumption of correctness under Indian law. It further remarked that CBSE had provided "no cogent reason" to disregard the birth certificate in this case. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Simple. Clean. Solitaire Play Solitaire Download Undo "Accordingly, the Board is expected to take due notice of such statutory public documents and effect consequential corrections in its records," the bench directed. The court reiterated that the matriculation certificate is widely regarded as "unassailable proof of date of birth", and citizens are entitled to have all public documents reflect accurate and consistent information. The plea before the court involved a student seeking rectification of her date of birth in CBSE records based on a birth certificate issued by the Greater Chennai Corporation. The HC noted that the genuineness of the birth certificate had not been disputed. It also observed that discrepancies between CBSE record and other official documents such as the individual's passport could cause serious complications, including for employment or immigration. In its defense, CBSE argued that the request for correction was filed beyond the time limit prescribed under its examination bye-laws, and that it no longer retained relevant records more than a decade later. However, the single judge had earlier ruled that the incorrect date of birth in the CBSE records appeared to result from a genuine mistake—not a clerical or typographical error. Finding no fault in that conclusion, the HC upheld the single judge's decision and dismissed the CBSE's appeal. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
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Business Standard
12-06-2025
- Business
- Business Standard
Delhi HC restrains Newgen IT Technologies from using 'Newgen' trademark
The Delhi High Court on Thursday dismissed appeals filed by Newgen IT Technologies, upholding an injunction that restrains it from using the 'Newgen' mark. The court found the company's use of the name deceptively similar to that of Newgen Software Technologies, a trademark holder since 1992. It said the present case must be viewed in the context of the prior relationship between the parties. 'In this case, it is undisputed that the appellant (Newgen IT Technologies) initially entered the Indian market under the name 'Vcare InfoTech Solutions and Services Pvt Ltd' and, after having formal business relations with the respondent (Newgen Software Technologies), the appellant adopted branding containing the term 'Newgen', which closely resembles the respondent's mark. Given the similarity in business activities between the parties, references to unrelated third-party use of 'Newgen' are not analogous,' the court said. The court emphasised that Newgen Software was the prior user and that the balance of convenience lay in protecting established goodwill. It also ruled that the injunction was not perverse or arbitrary, and noted that even ex-parte relief is justified when there is urgency, such as a pending initial public offering (IPO). 'The appellant began rapidly expanding its operations, including initiating steps toward an IPO with this new name. All these circumstances collectively indicate that the test of balance of convenience and inconvenience also clearly tilts in favour of the respondent, as non-grant of the injunction would have caused significant inconvenience and harm to the respondent,' the court said. The injunction was originally granted by a commercial court in February 2025 and made absolute in March, after Newgen Software argued that the appellant's rebranding—after a short-lived partnership—would confuse consumers and damage its reputation. Rejecting arguments of prior international use and alleged acquiescence, the Division Bench of Justices Navin Chawla and Harish V Shankar said, 'The defendant herein has miserably failed to make out a prima facie case… the marks are strikingly similar and capable of causing confusion.'
