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1 week ago

My brother and I have been running a Cyber Cafe and Kiosk Center since 2018 at 50 Quarter Near Pareek Dairy Birla Nagar Gwalior (M.P). My Shop is constructed on first floor on a Three Floor Building, Before Two Months ago our neighbour start construction of his house with basement without Municipal Permission, before approx six days we and other nearby neighbors told them to stop so much digging because this house (my shop) and nearby house may be collapsed but they ignored it and continue his so much digging. Then after we are about to shift the shop as soon as possible. Then On date 23.04.2024 Time - 12:20 (Approx) the whole house has collapsed. and the whole house collapsed on a nearby house which resulted a person s death and we lost our whole shop. We have so much electronic equipment and a lot of furniture which is approximately 6 to 7 lacs. We have lost our daily income source and we belong to the middle class family and do not have any other source of income.
Now the accused in jail under IPC 304, But i want to file my own case againts accused because there is no mention of my shop in the FIR and also in Court case

Anik

Responded 1 week ago

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A.Dear Client,

While you have the legal option to sue someone who is incarcerated for damages they caused before their conviction, pursuing this can be complex. Factors like evidence strength, extent of damages, and the defendant's assets play crucial roles. The key consideration is whether the incarcerated defendant can afford to pay the damages.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
You have the legal right to sue someone who is in jail or prison claiming compensation for damages caused by him before his conviction by the Court, but the logistics will be more challenging and complex. This will depend on factors such as the strength of the evidence against the defendant, the extent of your damages, and the amount of assets the defendant is likely to have. Since the defendant is behind bars, the most significant factor to consider likely is whether the defendant can pay the damages. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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