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Section 40 – The Advocates Act, 1961

The Advocates Act, 1961

 

Section.40. Stay 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 tire Bar Council of India or the Supreme Court, as the case may be, (c) may for sufficient cause direct the stay of such order on such terms and conditions as it may deem fit.

 

1[(2) Where an application is made for the stay of the order before the expiration of the time allowed for appealing there from 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.]

 

1. Sec. 40 renumbered as sub-s. (1) thereof and sub-s. (2) inserted by Act 60 of 1973 sec. 30.

 

 

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