Central · Act 25 of 1961

Section 40 — Stay of order.

The Advocates Act, 1961

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40. Stay of order.―3[(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.
    4
     [(2) Where an application is made for stay of the order before the expiration of the time allowed for




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appealing therefrom under section 37 or section 38, the disciplinary committee of the State Bar Council, or the

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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.]
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India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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