evaluated
answer-books in its fiduciary relationship.
20. The term `fiduciary' and `fiduciary relationship' refer to different
capacities and relationship, involving a common ... heirs, and other similar
relationships, and `confidential relation' which includes the legal
relationships, and also every other relationship wherein confidence is
rightly reposed
information,
if the information available to a person is in his fiduciary relationship
unless the competent authority is satisfied that larger public interest
warrants ... security purposes. If the concerned
public authority holds the information in fiduciary relationship, then the
obligation to furnish information is obliterated. But if the competent
information sought being an information available to a person in his
fiduciary relationship, is exempted under section 8(1)(e) of the RTI Act.
This ... person in his fiduciary capacity and
observed thus:
"But the words `information available to a person in his fiduciary
relationship' are used
public at large on the ground of economic interest, commercial
confidence, fiduciary relationship with other Bank on the one hand and the
public interest ... offence. |
| | |(e) Information available to a |
| | |person in his fiduciary |
| | |relationship unless the |
| | |competent authority is |
| | |satisfied that larger public |
| | |interest warrants the |
| | |disclosure
partner.”
20. Bouvier’s Law Dictionary defines “fiduciary capacity” as under:
“What constitutes a fiduciary relationship is often a subject of
controversy. It has been ... speaking for the Court in that
case explained the term ‘fiduciary’ and ‘fiduciary relationship’ in the
following words:
“39. The term “fiduciary” refers
which is
regulated by the Companies Act, 1956 , can be fiduciary. Similarly,
fiduciary relationships do not get obliterated because a statute
requires the fiduciary ... subsisting fiduciary relationship
but reaffirms the said relationship.
12. A contractual or a statutory relationship can cover a very broad
field but fiduciary relationship
Commission on the
following grounds (i) there is a fiduciary relationship between UPSC
and the department which seeks its advice and the information provided ... citizen,-
xxx
(e) information available to a person in his fiduciary
relationship, unless the competent authority is satisfied
that the larger public interest warrants
that there are two kinds of relationships. One,
where a fiducial relationship exists, which is applicable to legal relationships
between parties, such as guardian ... where, each partner acts in
fiduciary capacity qua the other partner(s).
20.4 If at all, a fiduciary relationship springs up in such like situation
partner.”
36. Bouvier’s Law Dictionary defines “fiduciary capacity”
as under:
“What constitutes a fiduciary relationship is
often a subject of controversy. It has been ... speaking for the Court in that case
explained the terms “fiduciary” and “fiduciary
relationship” in the following words: (SCC pp. 524-25,
para
fiduciary
concept is not available as a plea for the PSC to
deny information under the RTI Act and the
fiduciary relationship as projected ... holds a
fiduciary status. Three issues arise in this
context. Firstly, the PSC claims that there is a
fiduciary relationship between it and those being
