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Section 38 – The Advocates Act, 1961

The Advocates Act, 1961

 

Section.38. Appeal to the Supreme Court.

 

Any person aggrieved by an order made by’ the disciplinary committee of the Bar Council of India under Section 36 or Section 37 1[or the Attorney-General of India or the Advocate-General of the State concerned as the case may be], within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such order 1[including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India] thereon as it deems fit:

 

1[Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.]

 

COMMENTS

Section 38 empowers the Supreme Court to decide as to the quantum of punishment against delinquent advocate including an order varying the punishment awarded by the Disciplinary Committee of the Bar Council of India as it deems fit; Harish Chandra Tiwari v. Baiju, AIR 2002 SC 548.

 

 

1. Ins. by Act No. 60 of 1973.

 

 

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