Bouvier's Law Dictionary defines "fiduciary capacity"
as under:
"What constitutes a fiduciary relationship is often a subject
of controversy ... Court in that case
explained the term 'fiduciary' and 'fiduciary relationship'
in the following words:
"39. The term "fiduciary
pleaded in the plaint that defendant was in a fiduciary relationship with
him or that the defendant held the property for his (plaintiff ... benamidar to the
owner was in the nature of a trust/fiduciary relationship because it was
the Trust Act which contained the provisions of Sections
heirs, and other similar relationships, and 'confidential
relation' which includes the legal relationships, and also
every other relationship wherein confidence is rightly
reposed ... well as technical fiduciary relations."
(18.) Black's Law Dictionary (7th Edn. Page 640) defines
"fiduciary relationship" thus:
"Fiduciary relationship
undue influence or misrepresentation, but when a
person is in a fiduciary relationship with another
and the latter is in a position of active
confidence ... defendant was in a dominating position and there
had been a fiduciary relationship between the
parties. The appellant in his written statement denied
Suit
persons in whose name the property was purchased was
in the fiduciary relationship with the person purchasing property and the
property is held ... relationship or
a relationship of trust/trustee. Factual contexts in which the question arises
must be gone into before understanding any such type of relationship
benamidar to the
owner was in the nature of a trust/fiduciary relationship
Smt. Dropti Devi & Anr. Vs Smt. Krishna Abhaya and Ors.
Suit ... case (supra), this
Court has held that the expression "fiduciary relationship"
and a relationship of a trustee cannot be so interpreted
parties are real
brothers so the possibility of existence of
fiduciary relationship cannot be ruled out.
The suit property was purchased in the year ... financial assistance from the
plaintiff. The issue of existence of fiduciary
relationship between the parties as well as its
exact nature can only be decided
only in
factual backdrop that existence or otherwise of a fiduciary
relationship could be deduced in a given case.
20. In the present case ... above mentioned judgment, it was held that if a
fiduciary relationship exists between the parties, then the
bar of Benami Transaction Act would not apply
parties is scrutinized.
That in the present case there is a fiduciary relationship between the parties and
defendant was holding a real and apparent authority ... name. Ld. Counsel for plaintiff has argued that there is a fiduciary
relationship between the parties and defendant was holding a real and apparent
authority
Counsel for the plaintiff has submitted that since there
existed a fiduciary relationship between the plaintiff and defendant no.1 to
4 and also considering ... plaint itself shows that this contention of
there being a fiduciary relationship between plaintiff and defendant no.1 to
4, has no substance
