Ismaili.NET - Heritage F.I.E.L.D.English
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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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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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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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
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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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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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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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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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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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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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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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