Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.
With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.
The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).
The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.
What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a complete contract is estab-lished, and the letter, although written without prejudice, operates to alter the old State of things and to established new one', Chairman and MD N.T.P.C. Ltd. v. Rashmi Constructions, Builders and Contractors, AIR 2004 SC 1330: (2004) 2 SCC 663 (677).
The technical meaning which the expression 'with-out prejudice' carries depending upon the context in which it is used, in the present case on a proper reading of the corresponding and in the setting in which the term is used, it only means that the respondent reserved to itself the right to contend before the arbitrator that a dispute raised or the claim made by the contractor was not covered by the arbitration clause, Tarapore and Co. v. Cochin Shipyard Ltd., AIR 1984 SC 1072 (1087): (1984) 2 SCC 680. (Arbitration Act, 1940, ss. 33, 30)
Means 'where an offer or admission is made without prejudice', or a motion is denied or a bill in equity dismissed 'without prejudice' it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost, except insofar as may be expressly conceded or decided, Black's Law Dictionary