The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 16th August 1905

In the case of moveables or goods the act of the wrong-doer might amount to an “ unauthorised assumption of the powers of the true owner.” If it did it the goods were removed from the possession of the rightful holder with the object of depriving him of them or of exercising some dominion or control ovti.thern the wrong was designated conversion. [...] of /rover delinue and replevin.(5) The first lay for the value of the goods the second for the return of the goods wrongfully detained or for damages for such wrongful detention and the third for restitution of a chattel (1) Specific Relief Act s. 5 (a). [...] /bid (llarington and Mookerjee.14.)—When a 8helmit of debutteu property has granted a pennsii mt lease for a valuable consideration in excess of his powers and in violation of the trust a suit to recover the property from the hands of the lessee is wivereed by Art 134 of the seemiil schedule of the Limitation Act aid must be brought within 12 years of the lease. [...] P. C. (2) When the authorities of an Orphanage have taken charge of and are maintaining minor orphans placed under their charge either by friend ot: relatives or by the Commissioner of Police the minors are under the lawful guardianship of the Superintendent of the Orphanage within the meaning of Sec. [...] 13 of the Civil Procedure Code does not apply to a case when in the previous suit which is set up as a bar the defendant was absent at the date of hearing and the suit was dismissed on the failure of the plaintiff to adduce any evidence.