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Chennai Court March 1891 Judgments

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Mar 06 1891

Vijayaraghava Pattarachariar Vs. Pranal Anne by Her Guardian Venkatran ...

Court: Chennai

Decided on: Mar-06-1891

Reported in: (1896)6MLJ355

1. We think that the principle under which the Subordinate Judge has held that Exhibit A cannot be enforced as a contract of sale is correct. It is not only that the alleged price paid--Rs. 4,000--was inadequate for an estate which was worth Rs. 25,000 to Rs. 30,000 ; but that unfair advantage was taken of the pressing difficulties and necessitous circumstances of the vendors to force upon them a bargain which was hard and unconscionable. Assuming that plaintiff honestly believed the defendants 2 to 4 to have a good and honest claim the offer to secure his advances upon the whole estate of 60 velies was more than ample, and if he did not believe the claim a good one the advance was of a champertous character and for the mere purpose of speculative litigation. The evidence shows that whatever the sum advanced, the conduct of the litigation was more or less taken out of the hands of the vendors, and though this may be excused on the ground that their poverty and want of experience preven...


Mar 03 1891

Queen Empress Vs. R. Fischer

Court: Chennai

Decided on: Mar-03-1891

Reported in: (1896)6MLJ478

Arthur J.H. Collins Kt., C.J.1. This is an appeal by Mr. Robert Fischer, a barrisier-at-Iaw, who has been convicted under Section 68 'of the Indian Christian Marriage Act of 1872.2. The facts of the case appear to be as follows:--Mr. Robert ' Fischer is a Lay Trustee of Saint George's Church, Madura, and in Aril and May last the Native Pastor of that Church published the banns of marriage between Samuel Louis Ormsby and Miss Bibiana Elizabeth O'Connor both of whom profess the Christian religion. A day was appointed for the marriage ceremony to take place; but the Incumbent of the Church was away on duty ait Kodaikanal and the Native Pastor left Madura apparently on some private business 3' days before the manrags was to take place in spite of urgent requests that he would stay and parform the ceremony. Mr. Fischer was then asked to perform [464] the ceremony as he was a Lay Trustee of the Church. Mr. Fischer sent a letter to Mr. Wansbrough, the Incumbent informing that gentleman that h...


Mar 03 1891

Queen-empress Vs. Fischer

Court: Chennai

Decided on: Mar-03-1891

Reported in: (1891)ILR14Mad342

Arthur J.H. Collins, Kt., C.J.1. This is an appeal by Mr. Robert Fischer, a Barrister-at-Law, who has been convicted under Section 68 of the Indian Christian Marriage Act of 1872.2. The facts of the case appear to be as follows: Mr. Robert Fischer is a Lay Trustee of St. George's Church, Madura, and in April and May last the Native' Pastor of that Church published the banns of marriage between Samuel Louis Ormsby and Miss Bibiana Elizabeth O'Connor, both of whom profess the Christian religion. A day was appointed for the marriage ceremony to take place; but the incumbent of the Church was away on duty at Kodaikanal and the Native Pastor left Madura apparently on some private business three days before the marriage was to take place in spite of urgent requests that he would stay and perform, the ceremony. Mr. Fischer was then asked to perform the ceremony, as he was a Lay Trustee of the Church. Mr. Fischer sent a letter to Mr. Wansbrough, the Incumbent, informing that gentleman that he ...


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