In Saima Maqbool Vs. Omkar Raina and Ors, High Court of Jammu and Kashmir has held that it is well settled that, no employee has a right of promotion but has only right to be considered for promotion according to the Rules. Chances of promotion are not condition of service and, therefore, defeasible in accordance with law. Unless, there is statutory mandate to fill up a vacancy within a prescribed period, it is always left to the wisdom and discretion of the employer to fill up the vacancy as and when it deems fit and proper and the employee who has a right of consideration for promotion cannot dictate to his employer that available vacancy should be filled up immediately on occurrence.
In a landmark judgment, Hon'ble Supreme Court went to some length to define the cause of action and jurisdiction of cases under Section 138 of the Negotiable Instruments Act. While deciding in 2014 STPL(Web) 499 SC 1, Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr., the Hon'ble court said, one of the main issues faced by the court (a) from which stage do we consider a offence under Section 138 to have been caused (b) Where would the jurisdiction of the court lie if the cheque was drawn in city A and presented dishonored in City B ? After discussion on various past decisions, the Hon'ble court finally affirmed, " To sum up: (i) An offence under Section 138 of the Negotiable Instruments Act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds the arrangement made with the bank. (...
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