What is the provision regarding Appeal to the Supreme Court? Section 38 of Advocates Act, 1961
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.
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 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
2023 (c) All Rights Reserved @aaptaxlaw.com