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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

Legal Authority to CABS , to Grant Divorce ?!

Dear Alnaz - Ya Ali Madad , ....may be in East Africa or any where else , but Not in India , any such Legal Authority to any such institutions , ...so no quetion with CABs arise ! ,

and , if you think that such Legal Authority is there with CABS in India , ....then , i don't mind for you to think so ,
but , i think , Hon. Courts , does not allow thinking only , ....and such things , you being a lawyer , know better than me .

There is saying in Gujarati ,...... Gajarni Pipudi , ...Vaage Tya Sudhi Vagaadvani , ...Pachhi Khai Javaani -

I refer to my letter to NCAB India - with POST here as below , which , does not mean lot only , but everything !
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Treatment by / from CABS ...Wait short for example..!
On August 15th, 2012 Mansoorali Abdulrahim Noorani (not verified) saysMY LETTER TO NCAB - INDIA
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
On Sat, Jun 9, 2012 at 1:40 AM, Mansoor Noorani wrote:

Dear and Respected Chairman saheb and members - NCAB - India , Ya Ali Madad ,

may Mawlana Hazar Imam , bestow his best blessings upon you all

fiirst my thanks to Salima in your office , who yesterday provided me E mail ID of NCAB , on making telephone to office number

my name is manssoorali abdulrahim noorani , age about 64 yrs , proffession advocate , residing at 3 , steven appartment , ground floor , near nana nani park , diwanman talav , vasai road west - dist : thane - maharashtra

as an Ismaili , .I would like to know

(1)are there any Rules and Regulations , regarding procedure of conduction of cases / applications , by RCABS , NCAB , ICABS ,

if , yes , then , i may kindly , be provided with a copy of it , ( i will pay , if so decided / required for )

(2) whether , Jamats in India , are informed of such , Rules and Regulations ?,

if yes , then , i may kindly be , provided with a copy of said Circular also , issued by NCAB , to each JK , in India , in any past , if not , then , why ?
as , all litigants , applicants , opponents , appellants , respondents , whoever , in which ever matter , are all coming from jamats , all over India , from different states , cities , suburbs , villages , remote areas etc ,

and how will they all , come and to know ? , for which dispute amongst Ismailis , where to go ? how to go ? what is the procedure to be followed , by Boards and Jamats ? etc

on one side Our Constitution , is not available to Jamats , from any where in India , and , on another side if R/R by CABS , not informed and made available to jamats , then , jamats , of it's own motion , can not have any such dream , that , for particular disputes , they can apply to CABS

(3) whether , these Rules and Regulations , are registered , in any of Hon. Courts or any Government Authorities , in India or out side India , for legal effect in implementation/s of awards / orders / judgements / resolutions , what ever , passed by any Board/s ? ,

if yes , a copy of , that authenticity , also be provided to me .

i hope you are replying me , as early as possible , thanks in anticipation and ya ali madad

with regards
Mansoor Noorani,
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ . REPLY BY CHAIRMAN - NCAB - INDIA TO ME
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
....!Re: requst for Rules / Regulations
FROM:
NCAB for India
TO:
Mansoor Noorani
CC:
NCAB India

Message flagged Thursday, 21 June 2012 1:30 PM

Dear Mr. Mansoor Noorani,

This has reference to your email dated 9th June, 2012 whereby you have expressed your desire to know about the Rules and Regulations of NCAB and raised various queries as set out therein.

During our personal Meetings over a period of last several months, I firmly believe that you are aware of and know the answers to all the queries raised by you. Further, you being a practicing advocate are full well aware of the same and it would be advisable for all concern including the Board to use the valuable time in carrying out duties and functions assigned.

You would appreciate and allow the Board and its Members to constructively utilize their time and efforts on the tasks and assignments on hand instead of preparing response to the queries raised by you which would otherwise prove counter productive.

Regards and Ya-Ali-Madad,
Shaukat H. Merchant,
Chairman, NCAB India
--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Now , what do you suggest ?, what jamats should do? ,

should jamats arrange Garlanding Function , for CABS Heads ? , .....but , they will say , ALL CREDITS ....goes to Aiglemont Administrators only ! , we are only MOHRA of SHATRANJ ,.... Played by Aiglemont Administrators !,

or , should we wait only , for Imam to do such things or we should do it ourselves ? ,

For such a Long Time , such " Illegal Treatment " with Jamats - by CABS , ...should i request MHI , to come India , and , File Case/s , against CABS ?, or , should an Ismaili do it ? , or ,

should we , allow them and others , to continue their all such illegal activitites , till ......All Die ?! ,

I believe , in submitting - doing , ...solutions , ...along with complaints - problems of jamats ,

O.K. ....thank you ....ya ali madad....!

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