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Section 38 of Advocates Act 1961 - Appeal to the Supreme Court

 

 

What is the provision regarding Appeal to the Supreme Court? Section 38 of 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 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 including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India thereon as it deems fit :

PROVIDED that no order of the disciplinary committee of the State 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.

 

 

 

ADVOCATES ACT 1961

Section 36 : Disciplinary powers of Bar Council of India

Section 36A : Changes in constitution of disciplinary committee

Section 36B : Disposal of disciplinary proceedings

Section 37 : Appeal to the Bar Council of India

Section 38 : Appeal to the Supreme Court

 

 

Section 39 : Application of sections 5 and 12 of Limitation Act, 1963

Section 40 : Stay of order

Section 41 : Alteration in roll of advocates

Section 42 : Powers of disciplinary committee

Section 42A : Powers of Bar Council of India and other committees

 

 

Section 43 : Cost of proceedings before a disciplinary committee

Section 44 : Review of orders by disciplinary committee

Section 45 : Penalty for persons illegally practicing in courts and before other authorities

 

 

Section 46 - Payment of part of enrolment fees to the Bar Council of India

Section 46A : Financial assistance to State Bar Council

Section 47 : Reciprocity

Section 48 : Indemnity against legal proceedings

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