...‘clarification’ or ‘modification’,—though it is really one of review—a party cannot be permitted to circumvent or bypass the circulation procedure and indirectly obtain a hearing in the open court. What cannot ...review such an exercise cannot be undertaken, virtually for rehearing and alteration of the judgment because it is not to the liking of the party, when there is no apparent error on record whatsoever to...be permitted to be done indirectly.”The Court should not permit hearing of such an application for “clarification”, “modification” or “recall...

...application in chambers for consideration without oral hearing. By describing an application as one for ‘clarification’ or ‘modification’, — though it is really one of review — a party cannot be permitted to circumvent or bypass the...of review, a party cannot be permitted to circumvent or bypass the circulation procedure and indirectly obtain a hearing in the open court. What cannot be done directly cannot ...in the applications touch the merit of the matter, which cannot be the subject-matter of an application for clarification and/or modification.13. It is now well settled...

..., therefore, had full knowledge about his right. Having omitted to make any claim for damages, in our opinion, the plaintiff cannot be permitted to get the same indirectly.22. Law in this behalf is absolu...express provisions contained in law, the same cannot be done. Equity jurisdiction can be exercised only when no law operates in the field.27. A court of law cannot...Order being an exception thereto, the High Court cannot be said to have committed any error in passing the impugned judgment.18. A suit is ordinarily tried on the issues...

...petition as it had reviewed its earlier judgment indirectly.21. It is a settled proposition of law that what cannot be done directly, is not permissible to be ...has to ascertain for what purpose the fiction is created, and it must be limited to the purpose indicated by the context and cannot be given a larger effect. More so, what can be deemed to exist u..., meaning thereby, whatever is prohibited by law to be done, cannot legally be effected by an indirect and circuitous contrivance on the principle of “quando aliquid prohibetur, prohibetur et omne per...

...in chambers for consideration without oral hearing. By describing an application as one for ‘clarification’ or ‘modification’—though it is really one of review—a party cannot be permitted to circumvent or bypass the circulation proc...applicant in reality wants a review and also wants hearing by avoiding circulation of the same in chambers. We are of the view that a party cannot be permitted to circumvent or bypass this circulation procedure and indirectly obtain...Collector v. Cine Exhibitors (P) Ltd. (2012) 4 SCC 441 cannot be...

...substance was an application for clarification of the judgment of the High Court. We do not think so. An application for clarification cannot be taken recourse to to achieve the result of a review application. What ...case of the respondent. The dispute between the parties has to be decided in accordance with law. What, however, cannot be denied or disputed is that a dispute between the parties once adjudicated must...clear as to what corresponding scale was being applied prior to its withdrawal. Stand of the learned counsel for the State is that corresponding scale should be Rs 12000-16500, while according to the...

...in favour of backward class of citizens made under Article 16(4). What cannot be done directly cannot be allowed to be done in such indirect manner.”...of the 1995 rank list, and cannot be said to be an irrelevant reason for cancelling the 1995 rank list. According to the respondents, the formation of Kannur University had rendered about 130...discharge the function of Section Officers but this would not take the case of the appellants much further. Matters were clearly in a state of flux. What the position would be once the transfer of the...

...sparingly by the court of law.”25. It is a well-settled proposition of law that “what cannot be done directly, cannot be done indire...Session to custody, if it thinks appropriate to do so. It must, however, be made clear that a Court of Session cannot cancel a bail which has already been granted by the High Court unless new...in the matter unless and until the previous order of final disposal has been set aside or modified to that extent. It is also settled law that the judgment and order granting bail cannot be reviewed...

...application D.B. Special Appeal (Writ) No. 481/2015 is restored for hearing on merits.Special Appeal (Writ) No. 481/2015:3. It is settled law that what cannot be done directly...be done indirectly.4. Appellant's husband Deepak Arora applied for grant of a bar licence in the name of New Heaven City Restaurant. On account of pendency of criminal cases...business under the name and style New Heaven City Restaurant. The documents which she submitted were all in the name of her husband and the application was rejected on the reasoning that she cannot be...

...nowhere in the picture at the relevant time. At his instance, the court cannot embark upon a larger question which had not been raised for its consideration directly. What cannot be done ...is well settled, cannot be done indirectly.17. For the reasons aforementioned, there is no merit in this appeal, which is dismissed accordingly with costs payable by the appellant to Responde...:“… We fully agree with the learned Single Judge. We have already held that during the period the second respondent was actually working, salary cannot be denied and the...

...Soumen Sen, J.:— It is a settled law that what cannot be done directly cannot be achieved indirectly. The petitioner has filed a suit in which the petitioner claims a declarati...right of the plaintiff, the documents on the basis by which the Corporation has proceeded cannot be said to be improper. The Corporation has proceeded on the documents that were made available to the...

...reviewed. What cannot be done directly by filing review petition cannot be done indirectly by filing a correction petition or clarification petition as held by the apex court in...filed a review petition paying court fee. It is well settled law that subsequent decision is not a ground for review on a point which was not pleaded or contested before passing the judgment sought to be...give right to reopen all Land Acquisition Cases finally disposed of and finally settled to be amended or reviewed after judgement of the constitutional bench regarding interest on solatium. There is no mereit in the correction petition and h...

...the petitioner/tenant that the fraud vitiates everything will not help the petitioner because what cannot be done directly cannot be done indirectly i.e what should have...) 2 SCC 15 has held that there cannot be condonation of delay of even one day in filing of the leave to defend application, and once no leave to defend application is filed, then, contents of the...in the leave to defend application for not decreeing the eviction petition and permitting the petitioner/tenant to contest the petition, once the same cannot be looked into, then such grounds cannot...

...Tribunal has considered the matter in detail and the view taken is a possible view the order cannot be changed by way of exercising the jurisdiction of rectification of mistake.It is a well settled principle of law tha...be done indirectly. If the Income-tax Officer does not possess the power of review, he cannot be permitted to achieve the said object by...applying his mind by a specific order allowed the deduction under section 80M and now, therefore, it cannot be claimed that the deduction was wrongly allowed. In any case, according to the learned counsel...

...(2000) 7 SCC 296 it was held that by describing an application as one for “clarification” or “modification” though it is really one of review, a party cannot be permitte...held to be unassailable and cannot be said to be void. Whereas, Article 142, though very wide is viewed to be limited to the short compass of the actual dispute before the court and not to what mi...the form of the present application as well. The nature of relief sought, and the reasons assigned are such that even under the pretext of filing a review such an exercise cannot be undertaken...

...) 16 SCC 95: 2019 SCC OnLine SC 1023 that what cannot be done directly cannot be ...be achieved indirectly is well settled and was elaborated by this Court in the following decisions: 44.1. In State of T.N. v. K. Shyam Sunder [State of T.N. v. K. Shyam ...be done indirectly 43. '21. It is a settled proposition of law that what cannot be done directly, is...

...:- ".....Taking undue advantage of the observations made by this Court also amounts to interference with the order passed by this Court in imparting justice. It is well settled that what cannot be ...be done indirectly." In my considered opinion, the judgement cited does not support the applicants in any manner. In fact, it is directly against the applicants...contention that even observations made in an order, dismissing a writ petition are liable to be complied with. Counsel for the applicant has placed reliance upon the case of...

...that what cannot be done directly, that cannot be done indirectly, the appellant if directed to pay the duty forgone that shall burden the export. Accordingly, appeal is allowed....inputs were utilized by the DTA Unit in the manufacture of exportable goods. Therefore, there should not be recovery of duty forgone.2. On the other hand Revenue says...that law requires that even clearance to DTA shall be dutiable because the import of raw material was made duty-free. The appellant relies on the decision in the case of Jansons Clothing v...

...order of assessment. It is well settled that what cannot be done directly cannot be done indirectly. 1 ... Therefore, the writ petition deserves to be dismissed and accordingly dismissed. Consequently, pending miscellaneous applications, if any, shall stand closed. There shall be no order as to...