What is Section 127 of the contract of guarantee?

Asked by: Irwin Cremin  |  Last update: April 26, 2026
Score: 4.5/5 (47 votes)

Section 127 of the Indian Contract Act, 1872, defines what constitutes valid consideration for a contract of guarantee, stating that anything done or promised for the benefit of the principal debtor (the one who owes the debt) serves as sufficient consideration for the surety (the guarantor) to provide their guarantee. This means the guarantor's promise to pay if the debtor defaults is valid if linked to a benefit (like selling goods on credit to the debtor) provided to that debtor, even if the debtor didn't explicitly ask for the guarantee.

What is Section 127 of the contract Act?

Anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee.

What is Section 127 of the Finance Act 2008?

127Enforcement by taking control of goods: England and Wales

(1)This section applies if a person does not pay a sum that is payable by that person to the Commissioners under or by virtue of an enactment or under a contract settlement.

What is Section 127 of the Companies Act?

Companies Act Integrated Ready Reckoner|Companies Act 2013|CAIRR. Section 127. Punishment for failure to distribute dividends. (e) where, for any other reason, the failure to pay the dividend or to post the warrant within the period under this section was not due to any default on the part of the company.

What is Section 127 of the Companies Act 2006?

127Register to be evidence

[F1(1)]The register of members is prima facie evidence of any matters which are by this Act directed or authorised to be inserted in it [F2, except for any matters of which the central register is prima facie evidence by virtue of [F3section 128H] [F3subsection (2)].

Contract of Guarantee [ Indian contract act, 1872]

28 related questions found

What is Section 127 of the Corporation Act?

Section 127(3) provides that a company can execute a document as a deed, if the document is expressed to be executed as a deed and is executed in accordance with the requirements in s 127(1) (without a common seal) or s 127(2) with a common seal.

What is a 127 claim?

Tax-free educational assistance benefits under a section 127 educational assistance program include payments for tuition, fees and similar expenses, books, supplies and equipment. The payments may be for either undergraduate- or graduate-level courses. The payments do not have to be for work-related courses.

Who is the proper officer for Section 127?

The first is reference to Section 127 wherein Superintendent of Central Tax is considered as the proper officer.

What are the changes to Section 127?

Changes to Section 127 Plans under the Act

The Act makes two significant changes to Section 127 Plans. The “CARES Act” expansion of IRC Section 127 is now permanent, allowing annual employer provided tax free amounts to be used for student loan repayment and tuition assistance.

What is a Section 127 charge?

Both the internet and mobile phone networks widely available to the public, as well as social media platforms which operate via the internet, count as ECNs. Section 127 makes it an offence to send by means of a public ECN a message or other matter that is grossly offensive or of an indecent or menacing character.

What is the order under section 127?

Section 127 empowers the Principal Commissioner or Commissioner of Income Tax to transfer cases from one AO to another. This can be done after giving the assessee an opportunity of being heard in most cases, except in certain situations where the transfer is within the same city, locality, or place.

What is Section 127 of the Companies Ordinance?

Section 127(1) provides that a company may execute a document under its common seal. If a company chooses to execute a document under its common seal, the seal must be affixed in accordance with the provisions of its articles (section 127(2)).

Who is the surety in a contract of guarantee?

The person who gives the guarantee is called the "surety"; the person in respect of whose default the guarantee is given is called the "principal debtor", and the person to whom the guarantee is given is called the "creditor".

What is article 127 of the constitution?

Article 127 of the Constitution provides that if at any time there should not a quorum of Judges of the Supreme Court available to hold or continue any session of the Court the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court ...

What are the rights of a guarantor against the principal debtor?

The right of recourse allows a guarantor/surety to recover from the principal debtor any amounts paid to the creditor on their behalf, including interest and costs.

Who is not liable for GST?

(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; (b) an agriculturist, to the extent of supply of produce out of cultivation of land.

What is section 127A?

Restrictions on the printing of pamphlets, posters, etc,--(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

What is the 127 under GST?

Section 127 of the GST Act grants “proper officers” the authority to levy penalties when they believe an individual is liable for a penalty, provided the situation isn't already covered by other specific proceedings under Sections 62, 63, 64, 73, 74, [74A], 129, or 130.

Do companies actually make you pay back tuition reimbursement?

Many companies include repayment clauses in their tuition reimbursement agreements. These clauses stipulate that if you leave the company within a designated period (for example, within 1-2 years) after completing the program, you'll be responsible for reimbursing the company for the amount they cover.

How to create a section 127 program?

Section 127 Plans: Establishing a Written Plan Document

  1. Identifying the Tax ID of the Entity or Entities You Wish to Cover.
  2. Defining the Start Date that an Employee Would be Eligible.
  3. Determining Which Employee Types are Eligible for the Plan.
  4. Defining Other Requirements Under Section 127 Educational Assistance Plans.

What is Section 127 of the Indian contract Act?

Consideration for guarantee. — Anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee.

What are the requirements for a contract to be executed?

For a simple contract to exist, certain requirements must be satisfied. There must be offer, acceptance, an intention by the parties to be legally bound, and consideration given for the promises made.

What is Section 127 of the companies Act 2013?

The section aims to protect shareholder rights by ensuring that once the company commits to distributing profits in the form of dividends, it follows through without undue delay or evasion. This payment is made within thirty (30) days from the date the dividend is declared.