Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database. Guests are not required to login during this beta-testing phase

Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.

Mr Tajdin declares that:

He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.

He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.

He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.

He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.

All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.

Farman sharing is a historic Ismaili tradition which still continues today.

The current Ismaili Constitution does not restrict the right to publish Farmans

Mr Tajdin concludes that:

He has no choice but to await further direct instructions from the Imam.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.

Mr Jiwa states that:

"This action does not appear to have been authorized personally by the Aga Khan .."

"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"

He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.

Mr Jiwa clarifies finances:

He "obtains these books for C$50.00 and sells them for C$50.00 or gives them free, without any profit.

"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"

Mr Jiwa further states that:

"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."

He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"

Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.

[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]

[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]

[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:

Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings

Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply

There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.

2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law

Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Leaders are trustees by Integrity @ bloglaw (not verified)
Sharing & Governance by Bloglaw (not verified)
What are LIF and iCAB doing ? by Bloglaw (not verified)
Absolutely shocking. Where by Abdul (not verified)
In the case of the lawsuit by Bloglaw (not verified)
You are right. If this by Bloglaw (not verified)
Team at Aiglemont are by @mansoorali (not verified)
More resign pending a review by @BBC (not verified)
If there is any conflict of by bloglaw (not verified)
AIM SAME ! - WITH or WITHOUT BAYAH , ANY DIFFERENCE ?! by Mansoorali Abdulrahim Noorani (not verified)
Clarify! by Integrity@Nanji (not verified)
Leadership Culture-Change by Bloglaw (not verified)
ICAB Nanji by Bloglaw (not verified)
Honourable thing to resign ! by @Shafik Sachedina (not verified)
Deliver by Intergrity (not verified)
What is right ! by Bloglaw (not verified)
I think it is much more than by Integrity (not verified)
Why asking for name? by librarian-umed
Awesome Article with stories by P.Hansraj (not verified)
When the court allowed all by Integrity (not verified)
religious copyright by BLOGlaw (not verified)
French vs English - a light moment... by kachoomber (not verified)
Yes and Mr Dharamsey filed a CAB complaint by @ Alibhai (not verified)
So when someone says " my by Bloglaw (not verified)
The arrogance ! Mr by @Dharamsey (not verified)
Bloglaw! by alibhai Jiwani USA (not verified)
Is he the same Dharamsey? by alibhai Jiwani USA (not verified)
French vs English - a light moment... by Nagib Tajdin (not verified)
They are looking for any one by Integrity (not verified)
"The jamat suffers a lot. by Bloglaw (not verified)
Why are they asking for by blogaw (not verified)
Imam wantsMurids to keep all by @ (not verified)
Appeal by Bloglaw (not verified)
@ Alibhai from UK: This is confusing! by Alibhai Jiwani USA (not verified)
An Old DRAMA or New One .. by Producer / Directer .SS & Co..?! by Mansoorali Abdulrahim Noorani (not verified)
Leaders should reflect on by Amir (not verified)
And there have also been by Integrity (not verified)
So blatant and arrogant. by Bloglaw (not verified)
I think it is useful to by librarian-umed
Is this their modus by Integrity (not verified)
Dharamsey&Sachedina by Alibhai (not verified)
reply about nonfarmanbardari by karima (not verified)
Wow ! So they are all public by Integrity (not verified)
100% right. Why and what by Bloglaw (not verified)
@ Alibhai - Towards..your own comment , if it is your comment ! by Mansoorali Abdulrahim Noorani (not verified)
New-future-or-the-Same by Integrity (not verified)
Imam will be most happy when by Bloglaw (not verified)
There was no involvent of lawyers in Jk relocation issue by alibhai Jiwani USA (not verified)
Ismaili constitution and the by Bloglaw (not verified)
Authority & Morality by amirali (not verified)
Imam does not intervene in a by Bloglaw (not verified)
I would have agreed with you by Integrity (not verified)
You are right. Those by @mansoorali (not verified)
MHI's Farman at Tanzania....Real Message ....?! by Mansoorali Abdulrahim Noorani (not verified)
Mumbai Cases ....Next dates ,,,22 / 11 / 2012.....!. by Mansoorali Abdulrahim Noorani (not verified)
Alibhai , ... read your comment and try to understand ! by Mansoorali Abdulrahim Noorani (not verified)
Are ICAB and CABS are not by bloglaw (not verified)
SS did not know. MHI did not by @ bloglaw (not verified)
Why Alnaz was taken to Court with Nagib by Nagib Tajdin (not verified)
The Order is available to by librarian-umed
Shafik Sachedina signed an by bloglaw (not verified)
Would His Highness the Aga by Bloglaw (not verified)
That seems blatantly unfair by Bloglaw (not verified)
Well, for one, it looks like by librarian-umed
Vazirs - ignorance isn't an by @Vazirs (not verified)
What will they do with these by Integrity (not verified)
Very unfair not to hear them by Integrity (not verified)
Farmans first! by Bloglaw (not verified)
Any news on Mumbay Case??/ by Bloglaw (not verified)
@ Alibhai Jiwani USA......Towards Pain Caused by Lawyers ....! by Mansoorali Abdulrahim Noorani (not verified)
social ethics ! by Bloglaw (not verified)
Accountability and Transparence by kachoomber (not verified)
The Agreement is available by librarian-umed
Alberta Agreement. by anonymous (not verified)
Sword of Justice by @ Justice (not verified)
Accountability and Transparence by intergrity (not verified)
@M. Chatur re: Oct. 27th- Letter... by Abdullah (Canada) (not verified)
@ Mr Chatur by alibhai Jiwani USA (not verified)
Mowlana SMS's Farman in Jamatkhana!!! by Anonymous (not verified)
@Bloglaw re: Oct. 26th- Ethics- Whistle blowers by Kanize (Canada) (not verified)
@Bloglaw re: Oct. 26th- Farmans Policy... by Kanize (Canada) (not verified)
EId Mubarak & Letter by M Chatur (not verified)
MHI is counting on our institutions so much! by alibhai Jiwani USA (not verified)
Farman Policy - Manji by Bloglaw (not verified)
Ethics - Whistle blowers by Bloglaw (not verified)
Who benefits ? by Integrity (not verified)
I read Nagib said Khudavind by Amir (not verified)
This is called plutocracy by by Integrity (not verified)
A neighborhood JK in California Cancelled by alibhai Jiwani USA (not verified)
@ bloglaw by Alibhai Jiwani USA (not verified)
Quote by Mark twain by alibhai Jiwani USA (not verified)
For a global community on 15 millions by Bloglaw (not verified)
Culture! by Integrity (not verified)
Forgiveness by Bloglaw (not verified)
Accountability transparency by Bloglaw (not verified)
If ICAB have no jurisdiction by Samira (not verified)
I dont think so. They are by bloglaw (not verified)
I think they will resolve by librarian-umed
Did ICAB really hear and adjudicate ? by Amir (not verified)
Let us see what hapens with ICAB cases by bloglaw (not verified)
Credibitlity and Image by intergrity (not verified)
Thankfully the inner circle by bloglaw (not verified)
Why would CAB issue a contradictory ruling? by integrity (not verified)
It was wrong from ICAB to by librarian-umed
Profile - ICAB Chair at this time by Bloglaw (not verified)
Tranparency by BLOGlaw (not verified)
ICAB approaches Hazar Imam. by Bloglaw @ ICAB (not verified)
ICAB Rulings by amirali (not verified)
@librarian-umed - re: Oct. 21st by Abdullah (Canada) (not verified)
Ismaili Constitution and other Legal Documents by kachoomber (not verified)
Gulzar by integrity (not verified)
Thank you so much. May Mawla by Bloglaw (not verified)
Yes and he was also the by Bloglaw (not verified)
somebody have to take an by iqbal (not verified)
Is he also the same Rupani by librarian-umed
What does Imam mean by accountability by Bloglaw (not verified)
Accountability by Amin (not verified)
Imam by @ Keshavjee (not verified)
Are there two Vazir Eqbal by Bloglaw @ Nagib (not verified)
Gulzar Muller - the answer by Bloglaw (not verified)
Share and work together. by Bloglaw (not verified)
Mohammed Keshavjee delivers by @ M Keshavjee (not verified)
@Integrity re: October 21st - So E. Rupani is ... by Kanize (Canada) (not verified)
Rupani and M Keshavjee by @ E Rupani (not verified)
So E Rupani is king maker. by Integrity (not verified)
Rupani is blocking the Farmans by Nagib Tajdin (not verified)
Aziz Bhaloo said in his by Bloglaw (not verified)
Aziz Bhaloo by Salim (not verified)
Eqbal Rupani LIF DJI by Bloglaw (not verified)
Word by @bloglaw (not verified)
Imam says we are a civil, by Bloglaw (not verified)
Members of Boards are by Amirali (not verified)
Thanks. You are right. We by Bloglaw (not verified)
Some sell their soul to the by Integrity (not verified)
Who are They ?! by Mansoorali Abdulrahim Noorani (not verified)
What Interpretations of This - Such Farman ?! by Mansoorali Abdulrahim Noorani (not verified)
Constitution by Bloglaw (not verified)
Why we do not understand MHI 's silence? by Alibhai Jivani (not verified)
Frank Baker, the general by Bloglaw (not verified)
Over budget ? by Integrity (not verified)
Most important they must get by Bloglaw (not verified)
Aziz Bhaloo by Integrity (not verified)
SS and group do not respond by Integrity (not verified)
multi budgets and positions by Bloglaw (not verified)
Mawlana Hazar Imam’s by Amin (not verified)
What Should a credible and by Ali (not verified)
You are right - Positions by Bloglaw (not verified)
When Imam says " Speak by Amirali (not verified)
Clash of ignorance “ key by integrity (not verified)
Difference between ...Hon.Courts and Hon.Cabs ....?! by Mansoorali Abdulrahim Noorani (not verified)
What is More Valued for Them ....Iman or Post ......? by Mansoorali Abdulrahim Noorani (not verified)
Hazar Imam says the by Bloglaw (not verified)
I don't these 2 Manji's are by librarian-umed
So is M Manji related to M by Integrity (not verified)
AKDN - Serena Hotels East by bloglaw (not verified)
Best Practice......wow ......the way to ....! by Mansoorali Abdulrahim Noorani (not verified)
Guidance is Farman by Bloglaw (not verified)
Double standards by Integrity (not verified)
Best Practice by Amirali (not verified)
iCAB by Abdul (not verified)
golden jubille pictures by Aziz (not verified)
Until the leaders who are by Bloglaw (not verified)
There is a case filed in Mumbay Court by Amir (not verified)
When I see how ICAB is acting by librarian-umed
Leaders and Jamat reading by Integrity (not verified)
Mr Keshavjee by Bloglaw (not verified)
No Ismaili Lawyers ? by ZkA (not verified)
Share and dialogue by bloglaw (not verified)
Conflict of interests by Bloglaw (not verified)
The Reason by Integrity (not verified)
Multi positons by AJK (not verified)
Transparency-Competence by bloglaw (not verified)
Better off ? Accountability? by Amin (not verified)
@librarian-umed - re: Oct. 11th - There is already... by Kanize (Canada) (not verified)
For the Jamat ! by Bloglaw (not verified)
There is already a typed by librarian-umed
Strong Evidence by Imani (not verified)
@librarian-umed - re: Oct. 10th - Similar idea... by Kanize (Canada) (not verified)
@Bloglaw re: Oct. 10th- Read my Farmans... by Kanize (Canada) (not verified)
Walking the Talk ! by @M Keshavjee (not verified)
Similar idea, hand written by librarian-umed
Explain clearly if provoked by Integrity (not verified)
Read my Farmans said MSMS by Bloglaw (not verified)
working together ! by mohammed (not verified)
@Alnoor Oct. 7 - 6 Facts...- Clarification by Abdullah (Canada) (not verified)
The other press releases by @juma (not verified)
Now if you read Imams speech by Bloglaw (not verified)
Not telling the truth by Rahim (not verified)
I agree that those who love by Blogaw (not verified)
You are right. By seeking by integrity (not verified)
What Dai la Lama says about by ali karim (not verified)
@ Bloglaw........that ......you are right .....! by Mansoorali Abdulrahim Noorani (not verified)
@Alnoor Oct. 7 - 6 Facts... by Abdullah (Canada) (not verified)
@ Alibhai Jiwani......thanks ...I fully agree ..with you..! by Mansoorali Abdulrahim Noorani (not verified)
You are right but it is also by Bloglaw (not verified)
Why i did not file complaints in ICABS / CABS......?! by Mansoorali Abdulrahim Nooran (not verified)
I had sent application for an adjournment in all 3 cases ....! by Mansoorali Abdulrahim Noorani (not verified)
On 15th Sept. ICAB issues by Bloglaw (not verified)
6 Facts - Did you know by Alnoor (not verified)
manssorali India by ali (not verified)
ICAB are now considering by Bloglaw (not verified)
@Abdullah by alibhai Jiwani USA (not verified)
@ Salim A Ebrahim by alibhai Jiwani USA (not verified)
Mawla is speaking. On 15th by Integrity (not verified)
For Money or integrity ? by @bloglaw (not verified)
ICAB & NCAB by integrity (not verified)
@ bloglaw : I fully agree . by alibhai Jiwani USA (not verified)
Nagib has copyright ? by Bloglaw (not verified)
@Integrity re: October 2nd - Icab ruling by Abdullah (Canada) (not verified)
Can you name the NCAB by @Jiwani (not verified)
ICAB was never considered as a credible body. by alibhai Jiwani USA (not verified)
Imams prerogative by Dbk (not verified)
It will be interesting to by Bloglaw (not verified)
The ICAB rules given are by @ICAB (not verified)
What has Nagib done ! He by Bloglaw (not verified)
ICAB RULING ! by integrity (not verified)
Some definitions by @Sachedina (not verified)
Hazar Imam has reminded is by Bloglaw (not verified)
That is true for all bodies by Integrity (not verified)
@ M.Chatur! reg above post by alibhai jiwani (not verified)

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <b> <i> <pre> <hr> <p> <!>
  • Lines and paragraphs break automatically.
  • Use <bib>...</bib> to insert automatically numbered references.
  • You may use [acidfree:xx] tags to display acidfree videos or images inline.

More information about formatting options

To prevent automated spam submissions leave this field empty.


Back to top

blondinen porno porno porno