Upon non-prosecution due to the petitioner's absence, the High Court of Karnataka dismissed the writ petition challenging Government orders mandating hallmarking of gold jewellery under the Bureau of Indian Standards Act, 2016.
Petition dismissed for non-prosecution due to lack of appearance by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14247 OF 2021 (GM-RES)
BETWEEN:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
(BY SRI. P1-P4-ABSENT)
AND:
…RESPONDENTS
(BY SRI. B PRAMOD.,CGC FOR R1 & R2; SMT. P.ANU CHENGAPPA., ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE MANDATORY HALL MARKING OF GOLD JEWELLERY AND GOLD ARTEFACTS ORDER, 2020 ISSUED VIDE NOTIFICATION DATED 15.01.2020 AT ANNEXURE-F AS BEING ULTRAVIRES AND CONTRARY TO THE BUREAU OF INDIAN STANDARDS ACT, 2016 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
following relief:
(a) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Mandatory Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020 issued vide Notification No. 205(E) dated 15.01.2020 at ANNEXURE F, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(b) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Mandatory Hallmarking of Gold Jewellery and Gold Artefacts (Second Amendment) Order 2020 issued vide Notification No. 2481(E) dated 23.06.2021 at ANNEXURE H, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(c) Issue a writ of Certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Bureau of Indian Standards (Hallmarking) Regulations, 2018, issued vide Notification No. No.F.No.BS/11/05/2018 dated 14.06.2018, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016, which is placed at ANNEXURE-C;
(d) Issue a writ of certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Indian Standards IS 1417:2016 dated November 2016 placed at ANNEXURE-D and Indian Standards IS 1417:2016 as amended on 1st July 2021 placed at Annexure-E, as being ultravires and contrary to the Bureau of Indian Standards Act, 2016;
(e) Issue a writ of certiorari or any other appropriate Writ, Order or direction, in the nature of Writ, quashing the Notification No.S.O.2421 (E) dated 14.06.2018 placed at Annexure-J as being ultravires and contrary to the Bureau of Indian Standards Act, 2016
(f) Direct the Respondent No. 1 and Respondent No. 2 Authorities to frame transition guidelines prior to the implementation of any hallmarking regulations;
non-prosecution.
SD/(SURAJ GOVINDARAJ) JUDGE
List No.: 2 Sl No.: 10
SR
3 provisions across 3 enactments
THE JEWELLERS ASSOCIATION NO.835 AND OTHERS
THE UNION OF INDIA AND OTHERS
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
