Braja Nath Misra

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Braja Nath Misra
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Born(1930-11-09)November 9, 1930
Died2018
OccupationAdvocate
Spouse(s)Pramila Misra

Dr. Justice Braja Nath Misra,(1930-2018), LLM (London)1, Ph.D. (London)2, Barrister-at-Law, Inner Temple,3 was a former Retired Chief Justice of Sikkim High Court, India.8 He was a highly regarded lawyer and judge in the Indian Judiciary, with some of the highest levels of qualification in the field of Law including serving as Research Assistant (Research Officer (Commonwealth) at the British Institute of International and Comparative Law) to Lord Alfred Thompson "Tom" Denning, Baron Denning

He was conferred his degrees by the Her Majesty Queen Elizabeth The Queen Mother, The Chancellor, University of London. 4, 5 On 11th August 1952, Late Justice B N Misra was called to the Bar and became an Advocate of the Orissa High Court.

At around the same time, in 1956, he began teaching as a part time lecturer at Madhusudan Law University for a period of three years.

A turning point in his early career was when he was slated to become the Government Standing Counsel (the job was offered to him and the Government later changed it's decision and appointed another candidate because of that candidate's political affiliation), that pushed him to leave his homeland, India, to the shores of England, with just Five Pounds (about INR Sixty Five at that time).

He visited the four Inns of Court and joined the Inner Temple drawing inspiration from the fact that Mahatma Gandhi and Pundit Jawahar Lal Nehru had signed the Roll of Barristers at the Inner Temple.

He joined the chambers of Mr. S. P. Khambatta, Queen’s Counsel, at Temple Gardens, and started practice after being called to the Bar from the Hon’ble Society of the Inner Temple.

To support his expenses, he took up a job as a Maths Teacher under the London County Council, Thomas Calton Secondary School, Peckham, London, SE-15

At the same time after being called to the Bar from the Inner Temple, he continued his studies for the Master of Laws degree at London University in the fields of Constitutional Laws (I), Laws of International Institutions, Laws of Mortgages and Charities and Laws of Landlord and Tenant and successfully graduated in October, 1962.

The Degrees were presented to him at "The Royal Albert Hall" on 8 May, 1963 by Queen Elizabeth The Queen Mother

At University College he pursued his Ph.D. in Constitutional Law. The subject of his thesis was “The Legal Position of Aliens in the Commonwealth”.

He subsequently, under intense competition and with the help of no godfathers, purely based on his own merit, took up the position of Research Officer (Commonwealth) at the British Institute of International and Comparative Law, 1 Temple Gardens, London, E.C.4. The Rt. Hon. Lord Denning, Master of the Rolls, was the Chairman of the Council of Management.

For personal reasons, he moved back to India in 1966.

Excerpts from his career:

1966 - 1968, Principal cum Professor of Law, Madhusudan Law College, Cuttack

1968, Orissa Superior Judicial Service, Additional District and Sessions Judge, Cuttack and Dhenkanal

1968 - 1972, District and Sessions Judge, Cuttack and Dhenkanal

1972 - 1975, District and Sessions Judge, Sambalpur and Sundergarh

1975 - 1977, Presiding Officer, Industrial Tribunal

1978 - 1979, Legal Rembrancer and Law Secretary, Government of Orissa

1979 - 1980, District and Sessions Judge, Berhampur, Vice Chancellor and Administrator, Berhampur University

1981 - 1986, Judge, Orissa High Court; Acting Chief Justice, Orissa High Court 6

1986, Chairman, Orissa State Legal Aid Services, Cuttack

1986 - 1989, Senior Administrative Judge, Allahabad High Court 7

1990 - 1992, Chief Justice, Sikkim High Court 8

Personal Life

Late Dr Justice Braja Nath Misra was born on 9th November, 1930 at Darbhanga, Bihar. He was the son of Late Dr Kashi Nath Misra, Rai Bahadur Civil Surgeon and First Principal of SCB Medical College, Cuttack, Orissa.

His wife, Smt Pramila Misra, is the eldest daughter of Late Dr. Radha Nath Misra, FRCS, and Founder Principal of Burla Medical College

Research and Publications

“Legal position of aliens in the Commonwealth” - PhD Thesis, London

"A Note on Liability of Shipowners in Queensland"

"An Indemnity for the Cost of Litigation in Australia"

"Introduction to the Constitution of India, 3rd edition. By Durga Das Basu [Calcutta : S. C. Sarkar & Sons (Private) Ltd. 1964. xiv, 122 and 251 pp."

"Banaras Law Journal, Volume 1, No.1 1965. [Varanasi, India: Banaras Hindu University, 1965]"

“The salient features of the Indian Constitution with special references to a few important amendments”, Cuttack Law Times, 1976

Confessions before the police”, for a seminar on criminal law and contemporary social changes organized by the CBI, New Delhi, 1969

References

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