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Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): H. K. Sema, Markandeya Katju , JJ

(A) Telegraph Act (13 of 1885) , S.7— Telegraph Rules (1951), R.2(pp), R.443 - Telephone - Disconnection - Non-payment of charges - House-wile defaulting to pay for her telephone - Husband's telephone can be disconnected. For default in payment of charges for the telephone in name of a house-wife the telephone in the name of husband, who is really paying the bills of the wife, can be disconnected.(Para 22) It is true that such an interpretation would be in the teeth of the language used in R. 443 read with R. 2(pp) which defines "subscriber". But in such a case the literal interpretation rule has to give way to the purposive construction rule. The intention of R 443 obviously was that payment of telephone dues should be made promptly, otherwise the telephone department will suffer. The interpretation which effectuates and @page-SC2227 furthers the intention of R. 443, i.e. the telephone bills should be paid in time has therefore to be adopted. The word 'subscriber' has therefore to be widely construed. Hence the telephone line in the name of the person who is really paying the bills in connection with the telephone line in the name of another person who is economically dependent on the former can be disconnected for non-payment of bills in connection with the telephone line in the name of the latte....