Lawgist40Stay of order
1[(1)] An appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed against, but the disciplinary committee of the Bar Council of India, or the Supreme Court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.
2[(2) Where an application is made for stay of the order before the expiration of the time allowed for appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.]
Download our fully-offline, High speed android app.- Click here
1. Section 40 re-numbered as sub-section (1) of that section by s. 30, ibid. (w.e.f. 31-1-1974).
2. Ins. by s. 30, ibid. (w.e.f. 31-1-1974).
- 35 Punishment of advocates for misconduct
- 36 Disciplinary powers of Bar Council of India
- 36A Changes in constitution of disciplinary committees
- 36B Disposal of disciplinary proceedings
- 37 Appeal to the Bar Council of India
- 38 Appeal to the Supreme Court
- 39 Application of sections 5 and 12 of Limitation Act, 1963
- 40 Stay of order
- 41 Alteration in roll of advocates
- 42 Powers of disciplinary committee
- 42A Powers of Bar Council of India and other committees
- 43 Cost of proceedings before a disciplinary committees
- 44 Review of orders by disciplinary committee
