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CHAPTER V CONDUCT OF ADVOCATES

Section 38: Appeal to the Supreme Court

The 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 1[or the Attorney-General of India or the Advocate-General of the State concerned, as the case may be,] may, 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 1[(including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India)] thereon as it deems fit:

1[Provided that no order of the disciplinary committee of the 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.]

Footnotes in the official text

  1. 1.Ins. by Act 60 of 1973, s. 28 (w.e.f. 31-1-1974).

Leading cases

Questions on this section

1 question in 1 of our papers cite Section 38. Try these from the free papers:

  1. 1. Under Section 39 of the Advocates Act, 1961, which provisions of the Limitation Act, 1963 apply, so far as may be, to appeals under Sections 37 and 38 of the Advocates Act?

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