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Copyright Lawsuit

Toronto lawyer, Aga Khan call truce - 2010-10-25

Source: 
www.lawtimesnews.com

A 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.

Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15

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2010-10-15: 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

So 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.

Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - for case allegedly by Aga Khan - 2010-09-04

Source: 
Heritage News

Here 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.

Are Farmans to be followed?

Copyright Lawsuit: CROSS-EXAMINATIONS confirm that the case is not authentic nor filed by Aga Khan - 2010-09-04

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Heritage 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!

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

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

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

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

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

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

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

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

Contradiction: Who mentioned Nagib Tajdin's Name?

Sachedina's Affidavit says that the Imam mentioned Nagib Tajdin's activities to Sachedina. His earlier testimony says he knew nothing of Nagib's actions before he started working at Aiglemont. Now, Sachedina says that he is the one who mentioned Nagib's name 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

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

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.

Is the Imam concerned about the website?

Mr Sachedina states that there is a general concern about the contents of ismaili websites, and a review is pending, however, Mr Sachedina also says that Mr. Nagib himself has been part of the solution.

[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

Where the Farman Dissemination Policy of March 2010 Comes From

The Farman Dissemination Policy document of March 2010, submitted to court by the Plaintiff party, does not come from the Imam or from Aiglemont, it comes from Mohamed Manji.

[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

Significance of Mehmani

A Murid is quite entitled to speak to his Imam during Mehmani. Imam does listen, interact with and guide Murids during Mehmanis. Although reluctant, even Mr Bhaloo came around to this conclusion.

[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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