Copyright Lawsuit
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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Are Previous Imams' Farmans to be Followed?
Mr Sachedina maintains that he does not follow Farmans of previous Imams.
[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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- 14287 reads
Has an Official Farman Book Publication Been Approved?
LIF's announcement in January 16, 2010, informed the jamats as follows: 'The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved text of his farmans, including those made for the Golden Jubilee.'
Is this announcement accurate? Mr Sachedina cannot pinpoint whether or when the approval for this official Farman book was given, and does not indicate that any work is under way to produce an official Farman book.
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2010-04-06 STATEMENT OF CLAIM is Filed
A Lawsuit Action was filed on April 06, 2010 in the name of the Aga Khan, against two defendants Nagib Tajdin and Alnaz Jiwa for having infringed the Aga Khan's Copyright by Publishing and Distributing the Farman Book 'Kalam-e Imam-e Zaman, Golden Edition, Farmans 1957-2010'
For the first time in history, an Ismaili Imam was allegedly taking His spiritual child to court.
The Following News Event contains a link to the PDF file of the Statement of Claim of the Plaintiff:
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Over 80% of ismailis have NO access to Farmans.
Mr Sachedina helps to establish that despite there being a few thousand Jamatkhanas, the circumstances of the worldwide ismaili Jamat are such that over 80% of ismailis do not have access to Jamatkhanas or to Farmans.
[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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- 12707 reads
2010-04-29 STATEMENT OF DEFENSE is Filed
Suspiciously, there had been no prior institutional effort to peacefully stop the endeavor, no action in the Ismaili Arbitration board, and no communication by the Imam on the matter, although the Kalam-e Imam-e Zaman series of Farman books and the defendants' circulation of Farmans started in the early 1990's.
There had been a telephone threat in January 2010 to Nagib Tajdin that his reputation in the Ismaili Community will be ruined if he does not withdraw the publication or if he maintains his accusation of forgery of Imam's signature.
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Does Imam Think in French and Speak in English?
Mr Sachedina admits twice to saying that the Imam thinks in French and speaks in English.
[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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- 12158 reads
2010-05-25 REPLY to the Defense is Filed by Plaintiff
The Reply by the Usurper Plaintiff confirmed the defendants' suspicions as it further undermined the principles of Ismaili Faith and destroyed the significance of the Mehmani ceremony as well as of the privileged relation between the Murid and his Imam.
Two of the main points of the reply were that The Imam "edits" His farmans and He did not consented to the publication of Farman books at the 1992 Mehmani
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- 17599 reads
Health and Age of the Imam - Gray Keeps bringing this up.
Mr Gray tried to establish that the Imam is aging and in bad health. It was refuted by everyone.
[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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- 12331 reads
2010-06-16 Summary Judgement MOTION to Dismiss Filed by Defendants
In order to minimize harmful publicity to the Jamat, to the Imam and to all parties, the defendants filed a Motion to Dismiss the case based on the fact that the Imam did not Himself issue the Statement of Claim.
They then filed Revised Factums for their Motion and Reply
Copyright Lawsuit: Read the MOTION for Dismissal by Defendants Here - 2010-06-24
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Did Sachedina and Bhaloo discuss their Affidavits with the Imam?
Bhaloo and Sachedina did not discuss their Affidavits with 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
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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2010-06-28 Summary Judgement MOTION Filed by Plaintiff
The Plaintiff Party then decided to file their own Motion for Summary Judgement which relied on evidence from 4 people: Shafik Sachedina, Aziz Bhaloo, Mr Gleason, Ms Coleman.
Since according to Copyright Law, the right to publish or the revocation of the right to publish Farmans can only come from the Imam Himself, it is significant that no Affidavit from the Imam was presented as evidence.
They then filed a Revised Factum for their Motion and Reply
- 14587 reads
Did the Imam ask Sachedina and Bhaloo to be His witnesses in this case?
Mr. Sachedina is the one who asked Mr Bhaloo to be a witness. No word on who decided that Mr Sachedina should be a witness.
[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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- 10997 reads
2010-07-02 Summary Judgement Motion REPLY Filed by Plaintiff
According to court rules, the Plaintiff Party presented a Reply to the Defendants' Motion for Summary Judgement, and this reply relied on the same 4 Affidavits as in the Plaintiff's Motion for Summary Judgement.
They then filed a Revised Factum for their Motion and Reply
- 17723 reads
Initiation of the Lawsuit
Sachedina says that only 2 people were involved in the issuing of the Statement Of Claim: Sachedina and Manji. Sachedina has a hard time pinpointing when the Imam gave the go-ahead to proceed with the Statement of Claim.
[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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- 12549 reads
2010-07-16 Summary Judgement Motion REPLY Filed by Defendants
According to the Court Rules, the Defendants filed Replies to the Plaintiff's Motion for Summary Judgement. They also filed Additional Evidence in support of their Position.
They then filed Revised Factums for their Motion and Reply
The Documents in the Defendants's Reply to the Plaintiff's Motion for Summary Judgement are all included in the following News Article:
Authenticity of Copyright Lawsuit Allegedly by Aga Khan, Questioned! - 2010-07-19
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