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Showing contexts for: lexicon in Union Of India vs R.K. Jain on 3 February, 2017Matching Fragments
26. In Som Prakash Rekhi (supra), the Supreme Court referred to law lexicon or British India (1940) by P. Ramanatha Aiyar and noted that ‗authority' is a body having jurisdiction in certain matters of public nature.
27. It is apparent from the above that the public nature of the activities being carried on by the statutory corporations and the Government companies, in question persuaded the Courts to hold them as ‗other authorities' under Article 12 of the Constitution of India. It is not disputed that the functions of the AGI are also in the nature of public functions. The AGI performs the functions as are required by virtue of Article 76(2) of the Constitution of India. In B.P. Singhal (supra), a Constitution Bench of the Supreme Court held the office of the AGI to be a public office. In this view also, the office of the AGI should be a public authority within the meaning of Section 2(h) of the RTI Act."
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26. Similarly, in a recent judgment in the case of Reserve Bank of India & Ors. vs. Jayantilal N. Mistry & Ors., (2016) 3 SCC 525 the Supreme Court while dealing with the defence of RBI that it was in the fiduciary relationship with the Bank noted as follows:-
―55. The Advanced Law Lexicon, 3rd Edition, 2005, defines fiduciary relationship as "a relationship in which one person is under a duty to act for the benefit of the other on the matters within the scope of the fiduciary relationship. Fiduciary relationship usually arise in one of the four situations (1) when one person places trust in the faithful integrity of another, who as a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice to another on matters falling within the scope of the relationship, or (4) when there is specific relationship that has traditionally be recognized as involving fiduciary duties, as with a lawyer and a client, or a stockbroker and a customer.
―Authority (in Administrative Law) is a body having jurisdiction in certain matters of a public nature. The Law Lexicon of British India, P. Ramanatha Aiyar, 1940 (P. 101). Therefore, the "ability conferred upon a person by the law to alter, by his own will directed to that end, the rights, duties, liabilities or other legal relations, either of himself or of other persons" Salmond, Jurisprudence, 10th Edn. p. 243 must be present ab extra to make a person an 'authority', when the person is an 'agent or instrument of the functions of the State' the power is public. So the search here must be to see whether the Act vests authority, as agent or instrument of the State, to affect the legal relations of oneself or others.‖