that the Income Tax Department holds
such information in a fiduciary relationship ... fiduciary capacity. The issue revolved around
whether the Chief Justice of India, while
receiving asset declarations, held them in
confidence pursuant to a fiduciary relationship
were in a position to dominate her will. There existed a
fiduciary relationship between the plaintiff and the
defendants, and therefore, the burden should have ... party who makes allegation of fraud etc., stands in
fiduciary relationship with his/her opponent. Fiduciary
relationship arises where one person places complete
confidence
first appellate Court has erred in
appreciating the concept of fiduciary relationship.
25. Admittedly, according to the plaintiff himself
after the partition, father of defendant ... benefit of defendant No.1 and
standing in the nature of fiduciary relationship with
defendant No.1, question of plaintiff claiming back the
property would
considered the said judgment.
The expressions "Fiduciary" "Fiduciary capacity" and
"Fiduciary relationship" have been exhaustively considered
in the said ... Court in that case explained the term 'fiduciary' and
'fiduciary relationship' in the following words:
"39. The term "fiduciary
fiduciary capacity between the claimant and the person in whose name the property stands; that it is found that there exists a fiduciary relationship ... fact that the relationship does exist and having regard to the nature of relationship and the meaning of the term "fiduciary capacity
subjected to a fiduciary duty to respect his prorietary right. "
and further it is held:-
"Fiduciary relationship need, not; necessarily, 'originate ... doubt in coming to the conclusion that there exists a fiduciary relationship between the plaintiff and the defendant.
16. Before determining the liability of defendant
said properties have been acquired
by him in a fiduciary relationship. Sections 23, 88 and 90 of the
Trust Act are applicable to such cases ... that the
14
purchase so made was on the basis of fiduciary relationship. The
acquisition of properties by some members will not be deemed
being the brother of the
plaintiffs, was in a fiduciary relationship with them. The
plaintiffs had placed their trust and confidence in
defendant ... required to specifically plead and prove
fraud, as the fiduciary relationship between the parties
itself raises a presumption of undue influence and fraud.
He relies
being the brother of the
plaintiffs, was in a fiduciary relationship with them. The
plaintiffs had placed their trust and confidence in
defendant ... required to specifically plead and prove
fraud, as the fiduciary relationship between the parties
itself raises a presumption of undue influence and fraud.
He relies
being the brother of the
plaintiffs, was in a fiduciary relationship with them. The
plaintiffs had placed their trust and confidence in
defendant ... required to specifically plead and prove
fraud, as the fiduciary relationship between the parties
itself raises a presumption of undue influence and fraud.
He relies
