Section 40 of AA : Section 40: Stay Of Order

Explanation using Example

Imagine a lawyer, Mr. Sharma, is found guilty of professional misconduct by the disciplinary committee of the State Bar Council and his license to practice is suspended. Mr. Sharma decides to appeal against this decision to the Bar Council of India under section 37 of The Advocates Act, 1961. According to Section 40(1), Mr. Sharma's suspension remains in effect despite his appeal. However, if Mr. Sharma can show a compelling reason, he may request the Bar Council of India to put his suspension on hold while the appeal is considered. If the Council agrees, they may stay his suspension, allowing him to continue practicing under certain conditions until the appeal is resolved.

In another scenario, suppose Mr. Sharma's time to appeal is about to expire, but he has not yet filed an appeal. He can request a stay of the suspension order from the State Bar Council's disciplinary committee under Section 40(2). If he demonstrates sufficient cause, the committee may grant a temporary stay on his suspension, under specific terms, until he files the appeal and a decision on the stay is made by the appropriate appellate authority.