Abstract"In the original review petition, the petitioner has taken 16 grounds but in course of the hearing, the learned Counsel did not press any of the grounds and even he did not argue on merit of the case. According to him, if the plea of alibi taken by the petitioner is accepted he need not make any argument on merit. We have rejected the plea on assigning reasons and the learned Counsel could not show any error in the decision in arriving at the conclusion that the plea of alibi has not been substituted or that the reasons assigned by this Division are contrary to the evidence on record or that there are error apparent on the face of the record. No review lies in this court except on ground of error apparent on the face of the record or miscarriage of justice. The basic philosophy inherent in it is the universal acceptance of human fallibility. The learned Counsel fails to point out any error which has been cropped up on analysis of the evidence on record. Since the learned Counsel did not argue on the merit of the matter, and stresses upon the plea of alibi, which has been rejected on a full flagged hearing, at the late stage the petitioner has renewed the plea by producing a spurious document. Further, the learned Counsel having not argued on merit pointing any error in the impugned judgment, it is apparent that there is no error of law in the impugned judgment for our interference. We find no cogent ground to review our judgment. The review petition is accordingly dismissed."
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Language : English
Entry Type : Case Law, ICT-BD Judgments and Orders
Uploaded By : Rayhan Rashid
Upload date : Wednesday, 18 November 2015