AIR 1956 PATNA 425

Patna High Court

Hon'ble Judge(s): Banerji, Choudhary , JJ

(A) Words and Phrases - 'Without prejudice' - Meaning of - Acceptance of rent without prejudice by State - Whether operates as estoppel.Tenancy Laws. Bihar Land Reforms Act (30 of 1950) , S.4(h)— Evidence Act (1 of 1872) , S.115— The words "without prejudice" import into any transaction that the parties have agreed that as between themselves the receipt of money by one and its payment by the other shall not of themselves have any legal effect on the rights of the parties, but they shall be open to settlement by legal controversy as if the money had not been paid.(Para 5) Hence, where rent was accepted without prejudice by the State from a person who had taken a settlement from the landlord, the State would not be estopped from challenging the genuineness and validity of the settlement under S. 4(h), Bihar Land Reforms Act.(Para 5) (B) Interpretation of Statutes - Possible anomalies - No ground for departing from plain meaning. Civil P.C. (5 of 1908) , Preamble— Consideration of possible anomalies, however, is not a ground for construing the plain words of a statute in a manner opposed to their plain meaning.(Para 6) Anno : AIR Com. C.P.C. Pre. N. 7. ....