AIR 1947 PRIVY COUNCIL 87

Privy Council

(From a Court Martial holden at Calcutta)

Hon'ble Judge(s): Lord Thankerton, Lord Porter, Lord Simonds, Sir Madhavan Nair, Sir John Beaumont , JJJ

Army Act (1911) , S.100— Findings of Court-Martial-Appeal to Privy Council-Maintainability-Privy Council-Appeal to. @page-PC88 The competency of an appeal to the Privy Council from an Order of a Court established under an Act framed long after the Judicial Committee Act of 1833, must be determined by considering not whether there are words in the Act creating the Court taking away the Crown's prerogative but whether the Act ever intended to create the Court with the ordinary incident of an appeal to the crown: (1877) 2 A.C. 102. Rel. on.(Para 2) The Army Act intended the findings of a Court-Martial as and then confirmed by the proper confirming officer, to be final, subject only to the power of revision for which that Act provides. There is no room for an appeal to His Majesty in Council consistently with the subject matter and scheme of the Act.(Para 2)