https://www.taxtmi.com/caselaws?id=96656 Section 4 of the Indian Companies Act applies only where an association or partnership carries on business with joint control or management; mere contractual profit sharing without joint management or sharing of losses does not constitute such an association, so a suit framed solely against the named association was not maintainable. Because the pooling contract lacked joint control, appointment of common officers and loss sharing, the defendants party to that contract were not protected by Section 4 and the plaintiff's claim against specific contracting parties could proceed as to those parties. An application to amend the plaint to implead individual members of the illegal association was refused as discretionary relief due to timing, membership uncertainty and complicating ancillary issues. en-us Thu, 12 Jul 1934 00:00:00 +0530 Tue, 10 Jan 2012 11:13:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96656 Section 4 of the Indian Companies Act applies only where an association or partnership carries on business with joint control or management; mere contractual profit sharing without joint management or sharing of losses does not constitute such an association, so a suit framed solely against the named association was not maintainable. Because the pooling contract lacked joint control, appointment of common officers and loss sharing, the defendants party to that contract were not protected by Section 4 and the plaintiff's claim against specific contracting parties could proceed as to those parties. An application to amend the plaint to implead individual members of the illegal association was refused as discretionary relief due to timing, membership uncertainty and complicating ancillary issues. Case-Laws Companies Law Thu, 12 Jul 1934 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96656