Indian Contract Act, 1872
Section - 145 - Implied promise to indemnify surety
Implied promise to indemnify surety
145. In every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee, but no sums which he has paid wrongfully.
Illustrations
| (a) | - | B is indebted to C, and A is surety for the debt. C demands payment from A, and on his refusal sues him for the amount. A defends the suit, having reasonable grounds for doing so, but he is compelled to pay the amount of the debt with costs. He can recover from B the amount paid by him for costs, as well as the principal debt. |
| (b) | - | C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the amount. C, the holder of the bill, demands payment of it from A, and, on A's refusal to pay, sues him upon the bill. A, not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action. |
| (c) | - | .... To read the full section download the app from Google Play store
Featured
28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLEST R SOOD & CO New Delhi CA Inter View Details
ARTICLESHIP
28 May 2026
Accounts, Audit & Compliance ExecutiveShyam Joshi & Associates Pune B.Com View Details
Featured
27 May 2026
Lead Conversion Executive / Sales Closing ExecutiveSMJ global advisors pvt ltd New Delhi B.Com View Details
01 June 2026
Audit, Taxation & Compliance ExecutiveR P S K & Associates Nashik CA Inter View Details |
CAclubindia
