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RTI >> Judgments >> Supreme Court >> Exemption >> Fiduciary Relationship
High Courts(Fiduciary Relationship)/ CIC(Fiduciary Relationship)
1 CASE (CIVIL) NO 91 OF 2015 16 Dec, 2015 Reserve Bank of India Vs Jayantilal N Mistry

RBI Vs Jayntilal N Mistry

The applicant sought information on Procedure Rules and Regulations of Inspection being carried out on Cooperative Banks, audit reports etc. CIC refused information under is
exempted under Section 8(1)(a) & (e)
of RTI Act. The First Appellate Authority disposed of
the appeal of the respondent agreeing with the reply given by CPIO.

CIC directed RBI to provide
information as per records to the Respondent.

The Hon’ble Court concurred with the decision of CIC that “The RBI would therefore be well advised to be proactive in disclosing information to the public in general and the information seekers under the RTI Act, in particular”.

Observations relating to ''Exemptions (fiduciary relationship)" are examined in detail in Para 48, 62 and 76 of the Judgment by the Court.

2 Civil appeal No 7571 of 2011 02 Sep, 2011 The Institute of Chartered Accountants of India Appellant Vs Shaunak H Satya and Ors

Whether the instructions and solutions made available the examiners in their fiduciary capacity and therefore exempted – the answer being ‘yes’
3 Civil appeal No. 6454 of 2011 09 Aug, 2011 Central Board of Secondary Education and Anr Appellants Vs Aditya Bandopadhyay and Ors

Once the examiner has evaluated the answer books he ceases to have any interest in the evaluation done by him. He does not have any copy right or proprietary right or confidentiality right in regard to the evaluation. Therefore it cannot be said that the examining body holds the evaluated answer books in a fiduciary relationship, qua the examiner.
Total Case uploaded: 3