Advocates Act, 1961 — back to Table of Contents
Section 40. Stay of order
(1) An appeal under section 37 or 38 does not, by itself, stay the order appealed against; but the disciplinary committee of the Bar Council of India, or the Supreme Court, may for sufficient cause direct a stay on such terms as it deems fit.
(2) Where a stay application is made before the appeal period under section 37 or 38 expires, the disciplinary committee of the State Bar Council or of the Bar Council of India, as the case may be, may likewise direct a stay for sufficient cause.
Note: Sub-section (2) inserted by the Advocates (Amendment) Act, 1973, with effect from 31 January 1974.
