Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
@ Alnaz - on strong reaction .....!
Dear Alnaz - Ya Ali Madad ,
Did you read carefully my comment ?! , i request to read !.... i have clearly written , that , wife challenged the order of NCAB , in Hon. High Court - Mumbai
It was an Arbitration Petition against order passed by NCAB on 11 oct 2012 . The matter was fixed for Final Hearing on 31 oct 2012 , by Hon. High Court .
So on 31 oct 2012 , on the day of final hearing , actually , the matter should have been argued out , by Advoctes of Both the Parties i.e. wife and husband , but , without doing any Arguments or opposing the petition , the husband requsted through his advocate , to Hon. High Court , that , he ( husband ) has no objection , if the impugned award is set aside , means , No Arguments on merrits of the case , whatever may be , the facts !
.
Straight way , husband side demanded , to set aside the order of NCAB , and , when order of NCAB is set aside , on demand by husband , then , no question of appeal against the said order of Hon. High Court remains at all , as per procedure in law .
We are least concerned here , with the party or parties of the case/s , ....we are concerned , with the illegal procedure adopted by our CABS , under Protection and Roof of Aiglemont Administrators , but , at the Cost of Jamats , both cost , financially and socially
I didn't write uselessly , or, just to please the readers , that , ICAB is not only deaf and dumb , but , blind also
and same thing , ....deaf , dumb and blind does not apply to Others also ? , means Aiglemont Administrators also ? ,
how many proofs do you want ? , for them to be deaf dumb and blind ? ,
when i wrote for ICAB ,...Those ( Aiglemont Administrators ) , might have thought , we are not blamed , as , deaf , dumb and blind ! ,
but , just to find out , whether Omlet is Good or Bad , is it necessary , that , whole omlet is required to be eaten ?, or , a piece of omlet is enough ?,
In fact , CABS have no Legal - Rights , to grant Divorce - Maintanance - Maher - making Announcement in jks regarding , divorce etc , all these acts , done till to day , by CABS are themselves illegal ,
If matter were heard in Hon High Court , then , probably , Hon. High Court could have raised the Query , that , under which provision of Laws of India , CABS , have Authority to Grant Divorce , Maintainancce , Maher etc , and , Hon High Court could have issued Notices to NCAB India and All CABS in India ! , and , which possibility is still ahead in other matters !
when order of set aside itself is there , and ,set aside on request by husband , then , what to do with facts on record , at the moment ?! , and , as i avail the facts , i will put relavent portion/s here , for Readers , and , for Aiglemont Administrators , ...if they are , in position to read (see) , hear , and speak ! ,
this is a , Sample only , and , Godown is yet there , ....and , where are not such Samples and Godowns ?! ,
who will bring them out ? , ....Imam or We ? ,...there are Many , waiting for Imam to bring out , but , i am not going to wait for Imam to bring them out ! ,
As per my understanding , Imam is silent to see ,that , I (Imam) can do any thing - every thing , but , let Me see , what my Jamats - Jamati Members can do?! ,
when every thing is apparent , that ....how illegal - not only CABS - but most of our institutions - institutional leaders are working in india , doing , not as per MHI , but , as per Those , who are Disobeying MHI , and , because , they are not MHI Oriented , but , self oriented only ! , and , what they are reporting ( bogus - wrong reports only ) , to Aiglemont Administrators , just in the interest of Post only , means , Post Oriented Reports only .
One after another , i am on the way to bring out the facts in India , about our institutions - institutional leaders workings ,
any objection ?! ....i am sorry , if you felt , that , i shouldn't have written , some thing against CABS ! , .....thank you ....ya ali madad