three requirements of the classic breach of confidence action

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10044 OF 2010

CENTRAL PUBLIC INFORMATION OFFICER,

SUPREME COURT OF INDIA ….. APPELLANT(S)

VERSUS

SUBHASH CHANDRA AGARWAL ….. RESPONDENT(S)

W I T H

CIVIL APPEAL NO. 10045 OF 2010

A N D

CIVIL APPEAL NO. 2683 OF 2010

J U D G M E N T

N.V. RAMANA, J.

26. Under the classic breach of confidence action, three requirements

were necessary for bringing an action under this head. These

conditions are clearly mentioned in the opinion of Megarry, J.,

in Coco vs. Clark, [1968] FSR 415; wherein, the conditions

are first, the information itself, i.e. ‘information is required to have

necessary quality about confidence of the same’; second, ‘the

information must have been imparted in circumstances importing

an obligation of confidence’; third, ‘there must be unauthorized

use of information which will be detriment to the party

communicating’.