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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
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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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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
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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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- 3968 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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Whether Gray has spoken to the Imam
Gray tried to show that he has spoken to the Aga Khan by producing a group photograph including him and The Aga Khan Taken at the Aga Khan Museum Foundation Ceremony.
[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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- 2812 reads
2010-07-29 Discovery MOTION Filed by Defendants
At this point, the case was set to drag on for a long time and the upcoming costs were skyrocketing.
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- 6172 reads
Are defendants insisting to meet the Imam?
Defendant Nagib Tajdin is often in close proximity but never addresses the Imam. The defendants are not insisting to meet the Imam, they are insisting on getting any authentic direct instruction from the Imam so that they know whether to continue or not.
[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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- 2600 reads
2010-08-09 CROSS-EXAMINATIONS Transcripts for Summary Judgement Motions
4 people were cross-examined on the week of August 9, 2010 for the Summary Judgement Motions in the context of the Copyright Lawsuit allegedly by the Aga Khan.
First, both defendants Nagib Tajdin and Alnaz Jiwa were examined on Monday August 9th, 2010 by the Plaintiff's Lawyer Brian Gray.
Then, Shafik Sachedina was examined by both defendants on August 12, 2010 and Aziz Bhaloo was examined by both defendants on August 13, 2010.
Mr Gray opted to examine the defendants' forensic expert Graham Opsreay the following week.
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Meeting the Imam: Defendant's Alternatives
Defendants present some alternatives that the Imam had to make them stop their activities without needing to meet them.
[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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- 3074 reads
Meeting the Imam: Gray's Alternatives
Gray knows that the Lawsuit will end if the Imam says in person 'Nagib Stop.', yet he tried many times to find alternatives to producing the Imam. None of his alternatives seem to show that he has access 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
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
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- 2910 reads
Contradiction: April 2010 Announcement - No Consultation?
Brian Gray tries to establish with Nagib that the April Announcement was written in consultation with all the LIF. Sachedina later contradicts this point of view and establishes that in fact the draft of the second announcement was not circulated to anyone in the leadership before it was read out in Jamatkhanas as being from the LIF, Councils, ITREB etc on the same evening that it was written by a couple of persons including Sachedina.
[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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- 2676 reads
C. Comments by visitors of ismaili.net/heritage
Click Here for All Comments on the Copyright Lawsuit Case by visitors of ismaili.net/heritage
The following is a snapshot from 2010/12/29 AM of all the comments on the Lawsuit.
Are Imam's annotations shared ?
On December 28th, 2010 Bloglaw (not verified) says:
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Contradiction: Did Nagib's letter really reach Aiglemont on Jan 20?
Sachedina, in his affidavit, says that Nagib's letter to the Imam Reached Aiglemont on January 20, 2010. Sachedina's email to Nagib on January 10 said that Aiglemont had no trace of Nagib's letter. Nagib produced a letter from the Kenya Council, as well as a confirmation from DHL that the letter actually reached Aiglemont on January 8th.
[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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- 3738 reads
Are Farmans to be followed?
Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.
[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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Contradiction: Drafting of the February 18th letter purportedly by the Imam
Mr Sachedina told Mr Jiwa that the Imam showed Mr Sachedina a draft of the second letter before signing it. Mr Sachedina told Mr. Tajdin that the Imam was away travelling when he drafted the second letter.
[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
- Read more
- 2736 reads
Are Ginans to be followed?
Mr. Sachedina maintains that Ginans are just devotional poetry and are not meant to be followed.
[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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- 3992 reads
Did Sachedina convey to Imam that some of the points in the forged letter needed clarification?
Mr Sachedina did not convey to the Imam that Mr Tajdin had responded to the first letter with a request for clarifications.
[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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- 2902 reads
