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Blabber Baba   22 May 2024

Mandatory usage of 'without prejudice' in legal notice

In India, is it essential to mention the word 'without prejudice' in legal notice? It is mandatory to use the word 'without prejudice' in statutory pre-suit notice to opponent under Section 80 of CPC or Section 138(b) of Negotiable Instruments Act? What is the effect of not using the word 'without prejudice' in legal notice?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

It is not a mandatory requirement to mention 'without prejudice ' in the statutory legal notice.

It may be written as an abundant precaution under section 23 of Indian Evidence Act.

The “without prejudice” principle means statements made in a document marked “without prejudice” or made verbally on a “without prejudice” basis, in a genuine attempt to settle the dispute, will generally not be admissible in court as evidence against the person making the statement.

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