https://www.taxtmi.com/caselaws?id=237605 A prior dismissal of an appeal did not bar reconsideration where the earlier matter had been disposed of on facts without deciding the legal issues, and res judicata did not apply to a non-party. In oppression and mismanagement proceedings, the Company Law Board's powers under Sections 397, 398 and 402 were wide enough to set aside a transfer and examine whether the transferee was a bona fide purchaser for value without notice, even without a specific prayer. However, any order affecting a mortgagee's rights had to comply with natural justice. Because the appellant mortgagee was not impleaded or heard, the order was set aside and the matter remitted for fresh disposal. en-us Tue, 17 Sep 2013 00:00:00 +0530 Wed, 02 Oct 2013 23:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237605 A prior dismissal of an appeal did not bar reconsideration where the earlier matter had been disposed of on facts without deciding the legal issues, and res judicata did not apply to a non-party. In oppression and mismanagement proceedings, the Company Law Board's powers under Sections 397, 398 and 402 were wide enough to set aside a transfer and examine whether the transferee was a bona fide purchaser for value without notice, even without a specific prayer. However, any order affecting a mortgagee's rights had to comply with natural justice. Because the appellant mortgagee was not impleaded or heard, the order was set aside and the matter remitted for fresh disposal. Case-Laws Companies Law Tue, 17 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237605