R K Dalmia Case

The case of R. K. Dalmia vs Delhi Administration (*) involved a charge of criminal conspiracy and breach of trust against R. K. Dalmia and others. Dalmia, as Chairman of Bharat Insurance, was involved in diverting funds of the company to cover losses incurred by another company, Bharat Union Agencies, through a conspiracy. The Supreme Court upheld the jurisdiction of the Delhi Court to try the case and affirmed the convictions under various sections of the Indian Penal Code, emphasizing the non-voluntary nature of Dalmia's confession and the broader interpretation of 'property' under the law.

The case of R. K. Dalmia vs Delhi Administration (*) is a significant legal matter involving issues of criminal conspiracy and breach of trust. Here are the key points:
- Parties Involved: R. K. Dalmia, Chairman of Bharat Insurance, and his associates were accused.
- Allegations: They conspired to divert company funds to cover losses of Bharat Union Agencies.
- Legal Charges: They faced charges under sections 120B, *, *, and 477A of the Indian Penal Code.
- Confession: Dalmia confessed to misappropriating securities, but the confession was contested for its voluntariness.
- Court's Decision: The Supreme Court upheld the Delhi Court's jurisdiction and affirmed the convictions, interpreting 'property' broadly and deeming the confession voluntary under the circumstances.
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Case Rating: *
Here is a basic draft for an application under Section * of the Code of Criminal Procedure (CrPC) for prosecution:
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IN THE COURT OF [COURT NAME]
AT [LOCATION]
[CASE TITLE]
APPLICATION UNDER SECTION * OF THE CODE OF CRIMINAL PROCEDURE, *
FOR PROSECUTION
MOST RESPECTFULLY SHOWETH:
*. That the applicant is the prosecution in the above-mentioned case.
*. That during the trial, it has come to the knowledge of the prosecution that certain material witnesses have not been examined, whose testimony is crucial for the just decision of the case.
*. That the prosecution seeks to summon and examine [name of witness(es)], whose evidence is essential to determine the truth and render complete justice.
*. That the examination of these witnesses is imperative to fill the gaps in the evidence and ensure a fair trial.
*. That the failure to examine these witnesses was neither intentional nor due to negligence on the part of the prosecution.
*. That the interest of justice demands that the said witnesses be allowed to be examined to ascertain the truth and to prevent miscarriage of justice.
PRAYER:
In view of the above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
- Allow this application and issue necessary orders to summon and examine the aforementioned witnesses under Section * of the CrPC.
- Pass any other order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
Place: [Location]
Date: [Date]
[Signature]
[Name and Designation of Prosecutor]
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Ensure that all specific details, such as court name, location, and parties' names, are correctly filled in before submission.