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Copyright Lawsuit

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

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


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

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.

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

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.

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

A. Various Court Filings

Documents, Orders and Letters that appear on the court docket.

Link To Court Docket

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

B. News Articles on the Copyright Lawsuit

Links to News Articles from Ismaili.net

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

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:

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

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

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

Copyright Lawsuit 2010: Online Book of All available Materials for Lawsuit Allegedely by Aga Khan

person_place_reference: 
H.H. Prince Karim Aga Khan IV

This Online Book is a one-stop shop of the Materials for the 2010 Copyright Lawsuit Allegedly by Aga Khan.

It gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit Launched allegedly by the Aga Khan against 2 of His Murids Nagib Tajdin and Alnaz Jiwa, for Circulating the Imam's Farmans to His Jamat through the Kalam-e Imam-e Zaman Golden Edition Book.

Discovery Request by Defendants Will Demonstrate That Imam is Not the Real Plaintiff - Copyright Lawsuit - 2010-07-31

Source: 
Heritage News

Request by the Defendants for Discovery Would Help the Plaintiff Win

The Plaintiff's Lawyer, Mr. Gray informed the Defendants that he advised the Imam NOT to attend for Discovery, which prompted the Defendants to question, why would counsel advise against a five-minute meeting to end the case and instead continue toward 10 or more full days' worth of legal proceedings other than to earn excess fees... Hence the bringing of the Motion by the Defendants to stay all cross-examinations until it can be confirmed if the Imam is really behind the litigation.

Copyright Lawsuit: New Motion to Show That Aga Khan is NOT the Real Plaintiff - 2010-07-31

law-hammer.JPG

Since the Defendants are acting on a Farman to them made in 1992, and since this Farman also gives instructions and guidance to continue distributing Farmans, then there is nothing in Ismaili Faith nor in the Canadian Legal system that can force them to stop their actions except the Imam, by giving new instructions Himself.

Copyright Lawsuit: Read the EXHIBITS in Defendants' Motion Here - 2010-06-24

all-books.JPG
Source: 
Heritage News

Supplementary Affidavit of Nagib Tajdin sworn June 16, 2010
Exhibit A - letter from Nagib Tajdin to the Aga Khan dated January 4, 2010.pdf

Letter humbly written by Nagib Tajdin to the Aga Khan submitting Mehmani, Nazrana, and asking for guidance and asking for sincere forgiveness.

Copyright Lawsuit: Read the AFFIDAVITS in Defendants' Motion Here - 2010-06-24

Source: 
Heritage News

Attached are the Affidavits submitted by defendants Alnaz Jiwa and Nagib Tajdin on June 21, 2010 in support of a motion for summary judgement to dismiss the case.

03-Affidavit of Karim Alibhay sworn April 28, 2010.pdf


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