CASE LAWS RELATED TO PLANT AND MACHINERY

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CASE LAWS RELATED TO PLANT AND MACHINERY

HOLLAND VS. HODGSON (1872) L.R. 7 C.P. 328 AT 335

 A fixture is a thing once a chattel which has become in law land through having been fixed to land. The question of whether a chattel has become a fixture depends upon whether it has been fixed to land, and if so for what purpose. If a chattel is actually fixed to land to any extent, by any means other than its own weight, then prima facie it is a fixture; and the burden of proof is upon anyone who asserts that it is not; if it is not otherwise fixed but is kept in position by its own weight, then prima facie it is not a fixture; and the burden of proof is on anyone who asserts that it is.

 The Test whether a chattel which has been to some extent fixed to a land is a fixture is whether it has been fixed with the intention that it shall remain in position permanently or for an indefinite or substantial period: Holland vs. Hodgson (Supra), or whether it has been fixed with the intent that it shall remain in position only for some temporary purpose.

DUNCAN INDUSTRIES LTD. VS. STATE OF UP & OTHERS AIR 2000 SC

 Whether plant and machinery in an industry as a going concern be construed as movable or immovable property for the purpose of stamp duty.

 The Hon’ble Supreme Court decided the issue while considering the functioning of fertilizer business as a going concern and the company transferring ……………………….READ MORE