Copyright Lawsuit
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
Attached in a combined document are:
Attached also is:
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Toronto lawyer, Aga Khan call truce - 2010-10-25
Posted October 26th, 2010 by heritageA Toronto lawyer who settled a copyright dispute with the Aga Khan says he has no regrets about how the high-profile case played out.
Alnaz Jiwa had previously refused to believe the Aga Khan was the man behind the action requesting he halt distribution of unauthorized copies of the imam’s teachings but at a face-to-face meeting in Toronto on Oct. 15, he got the message straight from the source.
“If he doesn’t want us to do something, there is no way I am going to do it,” Jiwa tells Law Times.
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Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
Posted October 15th, 2010 by heritage2010-10-15: Heritage news was able to speak briefly with the defendants to ask our burning questions: Did the discovery happen? How long? What was accepted by whom? What was not mentioned? What were the main messages? Here are some answers:
- The discovery did happen, Hazar Imam arrived at 10:40am. Mr Gray brought also the real Plaintiffs Sachedina and Manji. {there was no Affidavit from H.H. The Aga Khan in this case which was solely supported by Affidavit from Sachedina and Bhaloo unauthorised by the Imam according to their own sworn replies at previously held Discoveries]
Cross-Examination of Expert Shows Main Weakness of Lawsuit Allegedly by Aga Khan - 2010-09-12
Posted September 13th, 2010 by heritageSo far, the cross-examinations have shown that the whole case is orchestrated by a couple of people. The Plaintiff's case has not shown any access to, nor any evidence from the Imam. The Plaintiff party is therefore now trying to undermine the firm forgery evidence that the defendants have got.
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Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - for case allegedly by Aga Khan - 2010-09-04
Posted September 4th, 2010 by heritageHere is a detailed table of contents of the cross-examinations for the Motions for Summary Judgement in the Copyright Lawsuit allegedly filed by the Aga Khan. We tried to include everyone's burning questions.
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Copyright Lawsuit: CROSS-EXAMINATIONS confirm that the case is not authentic nor filed by Aga Khan - 2010-09-04
Posted September 4th, 2010 by heritageHeritage News has obtained the cross-examination transcripts, and they contain many revelations. First impression from Heritage News is that the three people who allegedly represent the Imam in this case seem to confirm everything that the defendants have been saying! The defendant's position comes out even clearer and stronger! - But you be the judge once the transcripts are available.
Mr Gray's questions show his lack of knowledge of the Imamat, the Ismaili Faith and the Institutions. His questions instead, undermine the Imam!
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Can Imam's Farman supercede the Constitution?
This is a simple question, but Mr. Bhaloo, although he has been swearing to protect the constitution for decades, refused to answer the question on the grounds that he is not a constitutional expert.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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Is there a breach of the Ismaili constitution?
Obviously, if there was a clear breach of the ismaili constitution, then this case would have been in the Arbitration board.
Discussions about the constitution have revolved around the specific clauses about Farmans that were included in previous constitutions but that have been removed from the newer constitution since 1986. Older constitutions distinguished between religious publications and Farmans. The clauses about Farmans were removed by the Imam, but the clauses about the other religious publications remained intact.
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Who Can Print Farmans
It is the Imam's prerogative to decide who can print Farmans, and it can be anyone.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
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How long did Defendants know about the Forgery before making it public?
It turns out that in order to protect the trust that Jamati institutions have with the Jamat, the defendants had not publicized their knowledge of forgery until after the Lawsuit was filed when they no longer had the choice.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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What is Mr Sachedina's actual role at Aiglemont
Mr Sachedina's role a head of the department of jamati institutions is not a constitutional position, and the department of Jamati institutions cannot give new directions to institutions. Ismaili Institutions do not report to Mr. Sachedina. He coordinates their work, but ultimately, the institutions are answerable to the Imam.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
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What is the relationship between Defendants and Plaintiff's witnesses?
Both Sachedina and Bhaloo agree that they are in goodterms with the defendants. In the Case of Alnaz Jiwa, they don't recall ever interacting with him. In the case of Nagib Tajdin, they claim cordial, even warm relations with him, admit that he has never acted unrespectfully against either of them, and that his family was well-respected until the Announcements and the Lawsuit.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
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Why is Alnaz Jiwa included in the Lawsuit?
It turns out that Alnaz has no role in the publication and a minimal role in the distribution of the KIZ Farman book series. The reason he was included in the lawsuit seems to be due to a confusion on Mr Sachedina's part.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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Are Farmans made Available to Non-Ismailis?
ITREB is manned 100% by ismailis who have taken the ismaili oath of office. The IIS is manned at all levels by many non-ismailis who are not bound by the constitution. Why then, are Farmans asked to be sent to IIS and not ITREB?
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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Contradiction: Did Sachedina give Nagib's address to Michelle Parkes?
Sachedina started saying that he had nothing to do with Miss Parkes' correspondance with Mr Tajdin. However, he was not able to stick to that story.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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Contradiction: Imam's criticism of Leaders in London
Mr Sachedina maintains that the Imam's comment about Leaders in London during Golden Jubilee was incomplete. This statement is shown to be false.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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Contradiction: Recall all books or just the Golden Edition?
Would the Imam ask Mr Tajdin to undertake an impossible task?
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
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Contradiction: Who mentioned Nagib Tajdin's Name?
Nagib Tajdin published a dozen Farman Books between 1992 and 2009 after receiving Imam's guidance. He was wrongfully accused in Court by Sachedina and Bhaloo but there was no affidavit from H.H. The Aga Khan nor any known retainer by him to the lawyer. The whole case was bogus. Later in October 2010 the Imam confirmed that he had given instruction to publish the Farman Books in the 1992 Mehmani. The transcript was manipulated and somehow the tape did not contain anything, the Court Typist was arranged by Sachedina's lawyer Mr Gray.
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In 1998 Did sachedina and Bhaloo take the Farman Book Draft to the Imam?
The Draft that Nagib Gave for the Imam in 1998 is still in Bhaloo's house.
[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
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Has Imam spoken to LIF, or is there a huge conspiracy against the defendants?
Gray tried to show that if the defendants are to be believed, then it would mean that there is a huge conspiracy of dozens of corrupt leaders, staff, and that this is unbelievable.
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