Court : Appellate Tribunal for foreign Exchange New Delhi
..... usa is not appointed by appellants using express words as agent but such appointment by express words is not necessary under the provisions of section 185 and section 187 of indian contract act. under these circumstances, when payment liability is clearly of the appellants herein, an inference of agency from the circumstances is permissible and can appropriately be drawn. in this regard, ..... implied, of any party to creation of agency is immaterial. in the words of the honble supreme court following is stated: ?? ??27. for creating a contract of agency, in view of section 185 of the indian contract act, even passing of the consideration is not necessary. the consideration, however, so far as the employer are concerned as evidenced by the scheme, was to ..... directly to m/s. a. knoevenagal germany. this payment between two foreign residents cannot demonstrate wrongful acquisition and transfer of foreign currency in violation of section 4(1) of fer act, 1947 against the appellants because the appellants never otherwise acquired foreign currency as per the judgment in central government v. abdul mohammed 1988 (17) ecc 96 (ker.). 5. further ..... is not conclusive. if the employee had reason to believe that his employer was acting on behalf of the corporation, a contract of agency may be inferred. 29. in desu v. basanti devi  8 scc 229 at 240, this court stated the law, thus : ??formation of the contract of insurance is between lic and the employee of desu. scheme has been introduced .....Tag this Judgment!