TATA PRESS LTD. versus MAHANAGAR TELEPHONE NIGAM LTD. AND ORS.

Citation: [1995] SUPP. 2 S.C.R. 467 · Decided: 03-08-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

TATA PRESS LTD. 
A 
v. 
MAHANAGAR TELEPHONE NIGAM LTD. AND ORS. 
AUGUST 3, 1995 
[KULDIP SINGH, B.L. HANSARIA AND S.B. MAJMUDAR, JJ.} 
B 
Constitution of India, 1950: Article 19(1)(a). 
Freedom of Speech and Expression-Held 'Commercial Speech' is part. 
of freedom of speech and expression-Public at large has right to receive C 
'Commercial Speech'-Freedom guaranteed under Article 19(1)(a) can only 
be restricted under Article 19(2)-Advertisements as 'Commercial Speech'-
Importance of. 
Indian Telegraph Rules, 1951: Rules 452, 453, 458 and 459. 
Telephone Directory-Right to publish-Directory consisting of two 
p01ts-White pages consisting of 'List of Telephone subscribers and 'Yellow 
Pages' consisting of advertisements-Separate Publication by TATA-Suit by 
Telephone Nigam restraining TATA from publishing 'Yellow Pages-Distinc-
D 
tion between 'White Pages' i.e. List of Telephone Subscribers and 'Yellow E 
Pages' i.e. guide of advertisements Discussed-R.ule 458 held mandatory in 
natur~But prohibition under Rule 458 held applicable in respect of 'List of 
Telephone Subscribers' and not to 'Yellow Pages'-Compilation and Publi-
cation of 'Yellow Pages' held not a Directory. 
Rule 458 of the Indian Telegraph Rules, 1951 provides that except F 
with the permission of Telegraph Authority no person shall publish any 
list of telephone subscribers. The telephone directory published and dis-
tributed by the Respondent-Telephone Nigam consists of the white pages 
which contain alphabetical list of telephone subscribers and also 'Yellow 
Pages' consisting of advertisements. The publication of the directory is G 
entrusted to an outside contractor who in order to meet the expenses for 
printing, publishing and distributing the directory is allowed to raise 
revenue for himself by procuring advertisements and publishing the same 
as 'Yellow Pages' appended to the Telephone Directory. The appellants are 
engaged in the publication of the 'Tata Press Yellow Pages' which is a 
buyers-guide comprising of a compilation of advertisements given by H 
467 
468 
SUPREME COURT REPORTS [1995] SUPP. 2 S.C.R. 
A 
businessmen, traders and professionals duly classified according to their 
trade, business or profession. 
B 
c 
The respondents, Telephone Nigam and Union of India, filed a suit 
before the City Civil Court at Bombay seeking declaration that they alone 
have the right to publish and print the list of telephone subscribers; the 
appellants have no right whatsoever to print, publish and circulate the 
'Tata Press Yellow Pages'. A permanent injunction restraining the appel-
lants and their agents from publishing the 'Tata Pages' was also sought 
on the ground that the said publication was violative of the Indian 
Telegraph Rules, 1951. 
The Trial Court dismissed the suit holding that publication of 'Tata 
Pages' did not constitute a list of telephone subscribers as contemplated 
in Rule 458 of the Rules because: (a) the source for the advertisements 
published in the Tata-Pages was different from the telephone directory; (b) 
the criterion for listing in the telephone directory and for publication in 
D 
the TATA Pages was different; and (c) the Telephone Directory was 
restricted to the area of service by the Nigam whereas the advertisements 
in the Tata-Pages relate to parties outside the local area/Bombay. 
E 
F 
The respondents preferred appeal before the High Court and a 
single judge allowed the same and restrained the appellants from publish-
ing the 'Tata Pages' by holding that Rule 458 covered all parts of the 
telephone directory including the 'Yellow Pages'; the publication of adver-
tisements in the form of 'Yellow Pages' appended to the white pages was 
within the bar contained in Rule 458 of the Rules. The Division Bench of 
the High Court upheld the judgment of the single judge. 
In appeal to this Court on the question whether the 'Tata Pages' is 
a Telephone Directory within the meaning of Rule 458 or is a Buyers 
Guide/Trade Directory oµtside the scope of the said Rule; whether a simple 
'commercial advertisement' comes within the concept of'freedom of speech 
G and expression' guaranteed under Article 19(1)(a) of the Constitution : 
Allowing the appeal and setting aside the judgment of the High 
Court, this Court 
HELD : 1. Commercial speech is a part of the freedom of speech and 
H expression guaranteed under Article 19(1)(a) of the Constitution. Article 
TATA PRESS LID. v. M.T.N.L. 
469 
19(1)(a) not only guarantees

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