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Mahesh Mitra   27 April 2025

Without prejudice

1. What is the meaning and purpose of a "Without Prejudice" communication under Indian law?
2. Is a "Without Prejudice" letter inadmissible in court proceedings?
3. Is a "Without Prejudice" letter admissible in court proceedings?
4. What are the exceptions to the "Without Prejudice" rule where such communications can be admitted in evidence?
5. Can a "Without Prejudice" offer be used against the sender if the settlement fails?
6. What factors do courts consider when deciding whether to admit a "Without Prejudice" document?
7. How should one properly draft a "Without Prejudice" communication to ensure protection under the law?
8. If the opposite party misuses the “Without Prejudice” letter in the court, what are the remedies available to the party?
9. In arbitration or mediation, how is "Without Prejudice" treated differently compared to regular court litigation?
10. Which leading Supreme Court or High Court judgments explain the principle of "Without Prejudice" communications?
11. How have Indian courts balanced the principle of "Without Prejudice" against the need for justice and fair trial?
12. How have Indian courts unbalanced the principle of "Without Prejudice" against the need for justice and fair trial?
13. Are there any professional or ethical obligations for lawyers when using or responding to "Without Prejudice" letters?
14. Can an advocate disclose "Without Prejudice" communications with the client's consent?

All of you are requested to please provide answers to each question, if possible, for our assistance and guidance.

 

 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 April 2025

This is not a classroom hence don't expect answers for your questions of academic interest.

You may write your real problems to which the experts here would be rendering their opinions at free of cost.

R.K Nanda (Advocate)     27 April 2025

Academic question  no reply. Don't order experts to reply to your each question. 


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