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BSc in Management Information Systems (Special) Degree
Batch 04
Professional Issues in Information Technology
Assignment – Individual
Question01
A BackgroundSummary of the Case
The case, HC/Civil/201/200B/MR‟ was heard in the High Court of the Western province Holden
in Colombo exercising Civil Jurisdiction in front of Ruwan Fernando, High Court Judge. On 15th
February 2016, Shanaka De Livera the counsel of People's Leasing Company Ltd (plaintiff) filed
an action against the defendants, Muthuthantrige Iran Fernando, Muthuthantrige Saman Jayalath,
Muthuthantrige Mervin Joseph and Nandani LIyanage for not conducting according to the vehicle
lease agreement for the property which is 01 Quantity Year 2000 Mitsubishi Canter bearing Engine
No. 4D33H68918 and Chassis No. FE51CB563674.
Most of the time contracts are referred to as enforceable agreement which is a rather misleading
since one party cannot usually force another to fulfill his part of the agreement but if the
intention to create legal creations was established the party who suffered because of wrong
doings of other party, can sue the wrong doer on this ground for compensation. The above case
was also filed due to these circumstances.
The plaintiff stated that defendant party is responsible for breaching the contract between them
due to the defendant’s non-observance of paying the installments according to the terms of the
agreement. Therefore the plaintiff claims for recovery of the installments from the date, they
haven’t paid and thereafter with legal interest on the aggregate amount of the degree till payment
in full.
On the opposite the defendants objected to the above produced documents reasoning that,
1. There is no prima facie evidence as (Name/Logo) to identify the documents belongs
to the plaintiff company.
2. Also they were merely documents produced from the data gathered from a
computer where the relevancy of the documents are at stake.
3. The documents are not relevant with the rentals paid by the defendants which is in
question.
On the other hand computerized accounts ledgers cannot be considered as mere printouts as per
the electronic Transaction Act No. 19 of 2006. Since generally the accounts ledgers have been
maintained by the company in the computer itself. Also the witness has started that he prepared
the statement of accounts on the basis of information as per the lease agreement.
The judge further favored the above evidence starting that business ledger is an electronic record
within the meaning of section 26 of the electronic Transaction Act No. 19 of 2006.
All in all it was decided considering the above summarized points that the documents produced
by the plaintiff company can be used evidence with relation to the lease agreement in question.
What are the ICT related laws referred in this case?
Throughout this case the Act “Electronic Transaction Act No. 19 of 2006” was used to
derive ICT related laws to prove the admissibility of the evidence that has been provided by the
plaintiff. The Preamble to the Electronic Transaction Act No. 19 of 2006 reads as follows:
"An Act to recognize and facilitate the formation of contracts, the creation and exchange
of data messages, electronic documents, electronic records and other communications in
electronic form in Sri Lanka ; and to provide for the appointment of a certification authority and
accreditation of certification service providers; and to provide for matters connected therewith or
incidental thereto."
The objectives of the Act as are as follows;
1. to facilitate domestic and international electronic commerce by eliminating legal barriers
and establishing legal certainty;
2. to encourage the use of reliable forms of electronic commerce;
3. to facilitate electronic filing of documents with government and to promote efficient
delivery of government services by means of reliable forms of electronic communications
4. To promote public confidence in the authenticity, integrity and reliability of data
messages and electronic communications. This has ensured that electronic
communication is officially and legally accepted as a proper means of communication.
Rules derived from the Act for this case;
“Any information contained in a data message, or any electronic document, electronic record or
other communication
1. Touching any fact in issue or relevant fact
2. Compiled, received or obtained during the course of any business, trade or profession or
other regularly conducted activity, shall be admissible in any proceedings.”
Provided further that, for the purposes of paragraphs (1) and (2), if any information is contained
in a data message, electronic document, electronic record or other communication made by a
person –
1. Who is dead or who by reason of his bodily or mental condition is unfit to attend as a
witness; or
2. Who is outside Sri Lanka and where reasonable steps have been taken to find such
person and he cannot be found; or
3. Who does not wish to give oral evidence through fear; or
4. Who is prevented from so giving evidence, evidence relating to such information shall,
if available, be admissible.
Therefore, it is the Electronic Transaction Act No. 19 of 2006 applies with regard to the rules
governing evidence in respect of the admissibility of electronic documents including electronic
records such as business Ledger such as the Accounts Ledgers of this case.
As per section 3 of the Electronic Transaction Act it defines the basic rule that no data message,
electronic document, electronic record or other communication shall be denied legal recognition,
effect, validity or enforceability on the ground that it is in electronic form.
Section 26 of the Act defines what an electronic document means, which includes documents,
records information, communication or transactions in electronic form.
Section 21(1) of the Electronic Transaction Act reads as follows,
“Not withstanding anything to contrary in the Evidence Ordinance or any other written law, the
following provisions of this section shall be applicable for the purposes of this Act.”
Considering the above extracted quote of the electronic transaction Act it brings to the light that
all rules of evidence are governed solely by the provisions with regard to any information
contained in a data message or any electronic document, electronic record or other
communication regarding any business, trade or profession or other regular activities as set out in
section 21(1) of the Electronic Transaction Act.
Also when section 21(2) is read with section 3 of the Electronic Transaction Act No 19 of 2006 it
depicts the entries from plaintiff’s accounts ledgers based on cash register receipts are admissible
as business records.
Under section 21(3) of the act laid down three rebuttable presumptions where the admissibility of
the computer documents, records and other communications put into a different scenario.
The three rebuttable presumptions are as follows,
1. The truth of information contained in a data message or in any electronic document
or electronic record or other communication (truth of the information).
2. The said data message or in any electronic document or electronic record or other
communication was made by the person who is purported to have made it (truth of
the identity of the maker).
Accordingly, any question of accuracy of the printouts, whether resulting from incorrect data
entry or the inaccuracies of in any other type of business records or their genuineness can be
rebutted on evidence unless the contrary is proved the rebuttable presumptions will operate.
Thus, Admissibility of the computer documents depends on the question whether the
presumptions of truth, genuineness and the fact that such evidence was made by the person who
is purported to have made it can be proved or not. That is explained as the three rebuttable
presumptions. At the end of the day it is crystal clear that the electronic transaction Act No 19 of
2006 plays a vital role in order to identify ICT related issues with regard to the given case.
Relevance ofthe Act “Electronic TransactionAct No. 19 of 2006”
During the hearing a controversy was raised on whether computer printouts of the Accounts
Ledger can be admitted in evidence in terms of the law of this country. The Electronic
Transaction Act played a major role on proving the admissibility of the account ledgers as
evidence. The following facts indicate the applicability and the use of that particular Act towards
the case.
The plaintiff’s witness Mr. J.e. Kotalawela stated, the computerized accounts record keeping is
the general practice of the plaintiff's company in the ordinary course of business instead of
entries in books. Because of that it indicated, business records conducted in plaintiff’s company
are in electronic form and with the help of the meaning of the section 26 of the Electronic
Transaction Act No. 19 of 2006, Accounts Ledger was considered as an electronic record.
Prior to the introduction of Evidence (Special Provisions) Act in Sri Lanka No.14 of 1995, there
was no provision under Law of Evidence to admit Computer Evidence but now The Electronic
Transaction Act clearly states in section 22 that the Evidence (Special Provisions) Act No. 14 of
1995 shall not apply to and in relation to any data message, electronic document, electronic
record or other document to which the provisions of the Electronic Transaction Act applies.
According to these facts it emphasized that Accounts Ledger can be admitted as evidence.
As Mr. J.e. Kotalawela, Accounts Executives stated nowadays the business record is maintained
in a computer rather than in company books to create the ledger when it is common business
practices to maintain computerized accounts ledgers which do not change the result of the
business transactions. Therefore entries from plaintiff's accounts ledgers based on cash register
receipts are admissible as business record in terms of section 21 (2) read with section 3of the
Electronic Transaction Act No. 19 of 2006.
According to section 21 (2), it has to be read with section 21 (3) of the Act, it emphasizes any
information contained in any data message or any electronic document, electronic record or other
communication is admissible unless the presumptions of truth, genuineness and the fact that such
evidence was made by the person who is purported to have made it, is rebutted. Because of these
facts the plaintiff was able to prove that the evidence adduced was admissible at the end of this
trial.
Plaintiff’s Argument
An argument can be a claim, counterclaim, reason or evidence, therefore there are several
arguments that we can come across throughout this case. This case was filed according to the
plaintiff’s claim which was stated that defendant party is responsible for breaching the contract
between them, due to their non-observance of paying the installments according to the lease
agreement. Therefore the plaintiff claimed for recovery of the installments they haven’t paid and
the aggregate interest of the installments. In order to sue the defendant party for not paying the
installments as agreed, the plaintiff adduced the computer printouts of account ledgers relating to
the Lease Agreement in question. But the evidence was not considered as admissible evidence at
once because of the controversy raised by the defendant party saying “computer printouts cannot
be considered as evidence” as a counterclaim.
But Mr. J.e. Kotalawela, Accounts Executives stated that generally the Accounts Ledgers are
maintained by the company in the computer in the course of the normal business transactions and
the documents sought to be produced as Pll to P13 are computer printouts of the data contained
in the Accounts Ledger of the company in respect of the Lease Agreement as reasons. After that
evidence was analyzed by using the Act „Electronic Transaction Act No. 19 of 2006‟ and the
plaintiff followed a sequence approach to prove the admissibility of the account ledgers. At last
plaintiff disproved the counterclaim with reasons and evidence which are stated above.
In civil law, according to these facts, it encounters that the origin of a law case starts from the
claim of the plaintiff because the plaintiff is the one who files the case as a result of wrong
doings of the defendant. Therefore the whole case was hinged on the claim which is responsible
for the complexity, effectiveness, and quality of the case. Hence, main argument stated by the
plaintiff was that the defendant party is responsible for breaching the lease agreement between
them
Defendant’s Objections
In every civil law case the defendant party is the one who brings the counterclaims to be the
innocent party in the eyes of the law because in civil law the burden of proof is based on the
innocence unlike in criminal law and the defendant has been given the rights to bring any no of
counterclaims. In this case also there are several counterclaims done against the claim which
makes the defendants to be responsible for breaching the lease agreement.
When the court proceedings were taken place, the plaintiff used the evidence of Mr. J.e.
Kotalawela, Accounts Executives to present the account ledgers maintained by the plaintiff
company as Pll, P12 and P13 relating to the Lease Agreement but the counsel of defendant party
stated objections on providing the evidence as computer printouts on the following grounds.
1. There is no prima facie evidence such as the name and logo of the plaintiff company to
show that the documents sought to be produced are documents of the plaintiff.
2. Prima facie, the computer documents sought to be produced are mere data said to have
been obtained from a computer however, there is no, evidence as to the relevancy of such
documents to the case since no computer data sources (e.g. related links, information and
terms) are not shown in the said documents;
3. The documents sought to be produced are not in respect of rentals paid by the defendants
in terms of the Lease Agreement in question
But Mr. Chaminda Kotalawela who was called to prove the document marked P3 clearly stated
that he prepared the statement of accounts on the basis of the information available in the Lease
Agreement and the data entered in the computerized. As a result of this there is no dispute that
the documents sought to be produced at the trial as Pll to P13 are computer printouts despite the
fact that the same has been certified by witness Kotalawela as true copies
And also the plaintiff was able to disprove above objections but after that the defendant party
further argued that the documents sought to be marked as P11 to P13 do not relate to accurate
payments made by the defendants and hence, should not be produced in evidence and challenged
the accuracy, genuineness and trustworthiness of the computer printouts obtained from the
Accounts Ledger of the plaintiff company relating to the Lease Agreement in question. However
at last they could not prove the inadmissibility of evidence.
Conclusion
At the beginning of this case it presents the legal bond between the plaintiff and the defendant.
According to that plaintiff stated the compensation details and wrongdoing of the defendant as a
result of breaching the lease agreement between them. According to the circumstances of their
transactions, the plaintiff adduced the evidence but the defendant party objected to consider as
admissible evidence because they were the computer printouts of account ledgers. Though the
defendant argued on that, they couldn’t win over it and after that at the end also they challenged
the accuracy, genuineness and trustworthiness of the computer printouts obtained from the
Accounts Ledger of the plaintiff company relating to the Lease Agreement in question. With the
help of the Electronic Transaction Act No. 19 of 2006 and considering all the evidence was
adduced, the court decided that the documents sought to be produced as Pll to P13 are allowed to
be tendered as evidence.
Basis ofConclusion
The basis of the above conclusion mainly based on the relevance of the Act Electronic
Transaction Act No. 19 of 2006 and the statements of the plaintiff’s witness Mr. Chaminda
Kotalawala Accounts Executives.
When the computer printouts of account legers were not considered as evidence, the witness
stated that he certified the computer printouts of account legers as Accounts Executives and they
were true copies of the Accounts Ledger relating to the Lease Agreement because generally the
Accounts Ledgers are maintained by the company in the computer in the course of the normal
business transactions and the documents.
The different sections in the Act Electronic Transaction Act No. 19 of 2006 proved that the
computer printouts of account ledgers was an electronic document and can be considered as the
evidence for the claim.
With the combination of all these facts during the trial the plaintiff proved the computer printouts
of the account ledgers were admissible and defendants couldn’t object to the production of these
obtained from computerized accounts ledgers at this stage of the trial on the basis that they are
resulting from incorrect data entry or the inaccuracies of in any other type of business records or
their genuineness. The defendants are however, entitled to rebut the presumptions relevant to the
documents in question and show that they are resulting from incorrect data entry 8 or the
inaccuracies of in any other type of business records or their genuineness in terms of section 21
(3) of the Electronic Transaction Act No. 19 of 2006.
Because of above reasons and facts the conclusion was decided during the trial that Pll to P13 are
allowed to be tendered as evidence.
Word Count - 2849
Question02
Job Advertisement for Web Developer
CODEFEST LABS| FLOWER ROAD| COLOMBO 07 WWW. CODEFEST LABS.LK
<CODEFEST/>
<CODEFEST/>
Year End Performance Appraisal Form
Performance Rating Definitions
Outstanding (5) Performance is consistently superior
Exceeds Expectations (4) Performance is routinely above job requirements
Meets Expectations (3) Performance is regularly competent & dependable
Below Expectations (2) Performance fails to meet job requirements on a frequent basis
Unsatisfactory (1) Performance is consistently unacceptable
SECTION 01 - Performance Rating
Objective
Employee Supervisor
1 2 3 4 5 1 2 3 4 5
Administration X X
Knowledge of work X X
Communication X X
Decision Making/Problem Solving X X
Human Resource Management X X
Expense Management X X
Independent Action X X
Job Knowledge X X
Leadership X X
Customer Responsiveness X X
Personal Appearance X X
Overall Rating X X
Name Savithri Nandadasa
Title Web Developer
Supervisor Indika Ratnayake
Project name E- HR (Online HRIS Platform)
Date Employee : 27/06/2016 Supervisor : 30/06/2016
SECTION 02: Recommendations for improvement/career development
Employee Comments:
Next year I would like to attend a Software Services course to help with my senior engineer
skills and with building a better team environment in my project as well as becoming a better
team member in the company. I also hope to complete my Master’s degree under our tuition
assistance program.
Supervisor Comments:
Attendance at a Software Services course will be beneficial to Savithri and I will support this
expenditure. Completion of a Master’s degree will also help in career progression at our
company.
SECTION 03: General Comments
Employee Comments:
I appreciate the opportunity for this performance review and the support and direction my
supervisor has given this year. I look forward to working with my supervisor and at this
company for many years to come.
Employee Comments:
Savithri is an outstanding employee. Hope to work with her on next year as well.
By signing this form, you confirm that you have discussed this review in detail with your supervisor.
Signing this form does not necessarily indicate that you agree with this performance evaluation.
Employee Signature: SavithriN
Supervisor Signature: IRatnayake.
Date: 27/06/2016
Date: 30/06/2016
<CODEFEST/>
Job Analysis Form
Summary of the Position
The Web Developer will be responsible for the design, development, programming and
support of software applications. They will also be responsible for a variety of tasks, which
include application development, configuration, analysis and web development. Project roles
require a lead development responsibility for small projects working with business requestors
and participation in larger projects with a project manager.
Major duties / Responsibilities and performance standards
• Create, edit and distribute various web applications as required using development tools
Visual Studio, ASP.NET, C#, jQuery and Java Script
• Integrate data from various back-end services and databases
• Gather and refine specifications and requirements based on technical needs
• Write the programming code, either from scratch or by adapting existing website
software and graphics packages to meet business requirements
• Test the website and identify any technical problems
• Back up files from web sites to local directories for instant recovery in case of problems.
• Stay plugged into emerging technologies/industry trends and apply them into operations
and activities
Name Savithri Nandadasa
Title Web Developer
Supervisor Indika Ratnayake
Project name E- HR (Online HRIS Platform)
Date 27/06/2016
Personal characteristics / Job specifications
• Have skills in software programming and graphics
• Have creativity and imagination
• Be adaptable and able to pick up new techniques
• Have good interpersonal and communication skills
• Be able to work on their own or in a team
• Be able to work to tight deadlines
• Be thorough and precise in their work
• Be able to multi-task
• Be aware of international web standards and protocols.
Work context and Environment
A web developer normally works between 37 and 40 hours a week, 9am to 5.30pm, Monday
to Friday. Additional hours may be required to meet deadlines, which could include evenings
and weekends. It is possible to be self-employed and work from home.
• Salary and Benefits Starting salaries may be around LKR 30 000
• With experience, web developers may earn about LKR 50,000
Training and Development
• Persuades to do training courses for many of the areas like adverse web technologies
and database management are widely available, especially online. Creative Skillset
website
• Professional qualifications can be obtained from various professional bodies, including
the British Computer Society (BCS)
Certification and licensure
• Certified Web Designer Apprentice (CWDSA-apprentice)
• Certified Apprentice Webmaster (CAW-apprentice)
Employee's certification
I certify that the particulars provided are complete.
Name: Savithri Nandadasa
Signature: SavithriN
Superior's / Manager's certification
I agree with the job analysis as stated in this form.
Name: Indika Ratnayake
Signature: IRatnayake.
<CODEFEST/>
Job Description
Job title : Web Developer Job code : 664920
Classification : Full time Exempt employee Department : Information Technology
Reports to : Web Developer Date : June 2017
Web developers are employed across all industry sectors from finance and retail to public
organizations. They may be employed directly by IT consultancies, software houses, web design
agencies or work in an organization’s IT department. There are job opportunities throughout the
county.
Job Summary
A web developer is responsible for the design, layout and coding of a website. They are involved
with the technical and graphical aspects of a website - how the site works and how it looks. They
can also be involved with the maintenance and update of an existing site.
After establishing the target audience for a website and identifying the type of content it will
host, a developer will:
• Write the programming code, either from scratch or by adapting existing website
software and graphics packages to meet business requirements
• Test the website and identify any technical problems
• Upload the site onto a server and register it with different search engines.
A web developer normally works between 37 and 40 hours a week, 9am to 5.30pm, Monday to
Friday. Additional hours may be required to meet deadlines, which could include evenings and
weekends.
Salaries range from about 30,000 LKR to 100,000 LKR or more.
A web designer/developer should:
• Have skills in software programming and graphics
• Have creativity and imagination
• Be adaptable and able to pick up new techniques
• Have good interpersonal and communication skills
• Keep up to date with advances in computer technology and how this affects the business
environment
Most employers expect applicants to have a degree-level education, often with relevant work
experience and vocational skills. A range of qualifications are available that provide a good
grounding in web design, interactive design, graphic design and internet technology.
Training is done on the job, and includes in-house and external training courses. As the IT
industry continues to develop it is vital for web designers/developers to keep up to date with new
software and technology. Professional qualifications can be obtained from various professional
bodies, including the British Computer Society.
The normal progression route for a web designer/developer is to become a senior or principal
web developer. Experienced web developers can use their experience and knowledge to become
self-employed.
What is the work like?
A web developer is responsible for the design, layout and coding of a website. They are involved
with the technical and graphical aspects of a website; how the site works and how it looks. They
can also be involved with the maintenance and update of an existing site.
In order to design a website, a developer will
• Establish the purpose of the website based upon its target audience
• Identify the type of content the site will host
• Determine any functionality that the site must support, for example, whether it will
handle financial transactions or enquiries
.
This will determine the type of technology to use and how complex the site will be. The web
designer/developer will then:
 Write the programming code, either from scratch or by adapting existing website
software and graphics packages to meet business requirements
 Test the website and identify any technical problems
 Upload the site onto a server and register it with different search engines.
A web designer/developer will usually work as part of a team, which will include a web
author/editor and an account manager.
Hours and Environment
A web designer/developer normally works between 37 and 40 hours a week, 9am to 5.30pm,
Monday to Friday. Additional hours may be required to meet deadlines, which could include
evenings and weekends.
It is possible to be self-employed and work from home. Part-time and flexible hours may be
available. It is usual to work in an open-plan office environment. A limited amount of travelling
may be required.
Salary and other benefits
These figures are only a guide, as actual rates of pay may vary, depending on the employer and
where people live.
• Starting salaries may be around 30,000 LKR a month
• With experience, web developers may earn about 100,000 LKR.
Skills and Personal Qualities
A web developer should:
• Have skills in software programming and graphics
• Have creativity and imagination
• Be adaptable and able to pick up new techniques
• Have good interpersonal and communication skills
• Be able to work on their own or in a team
• Be able to work to tight deadlines
• Be thorough and precise in their work
• Be able to multi-task
• Be aware of international web standards and protocols.
Interests
It is important to be interested in:
• keeping up to date with advances in computer technology and how this affects the
business environment
• the internet
• Troubleshooting and problem solving.

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Professional issues in IT

  • 1. BSc in Management Information Systems (Special) Degree Batch 04 Professional Issues in Information Technology Assignment – Individual Question01 A BackgroundSummary of the Case The case, HC/Civil/201/200B/MR‟ was heard in the High Court of the Western province Holden in Colombo exercising Civil Jurisdiction in front of Ruwan Fernando, High Court Judge. On 15th February 2016, Shanaka De Livera the counsel of People's Leasing Company Ltd (plaintiff) filed an action against the defendants, Muthuthantrige Iran Fernando, Muthuthantrige Saman Jayalath, Muthuthantrige Mervin Joseph and Nandani LIyanage for not conducting according to the vehicle lease agreement for the property which is 01 Quantity Year 2000 Mitsubishi Canter bearing Engine No. 4D33H68918 and Chassis No. FE51CB563674. Most of the time contracts are referred to as enforceable agreement which is a rather misleading since one party cannot usually force another to fulfill his part of the agreement but if the intention to create legal creations was established the party who suffered because of wrong doings of other party, can sue the wrong doer on this ground for compensation. The above case was also filed due to these circumstances. The plaintiff stated that defendant party is responsible for breaching the contract between them due to the defendant’s non-observance of paying the installments according to the terms of the agreement. Therefore the plaintiff claims for recovery of the installments from the date, they
  • 2. haven’t paid and thereafter with legal interest on the aggregate amount of the degree till payment in full. On the opposite the defendants objected to the above produced documents reasoning that, 1. There is no prima facie evidence as (Name/Logo) to identify the documents belongs to the plaintiff company. 2. Also they were merely documents produced from the data gathered from a computer where the relevancy of the documents are at stake. 3. The documents are not relevant with the rentals paid by the defendants which is in question. On the other hand computerized accounts ledgers cannot be considered as mere printouts as per the electronic Transaction Act No. 19 of 2006. Since generally the accounts ledgers have been maintained by the company in the computer itself. Also the witness has started that he prepared the statement of accounts on the basis of information as per the lease agreement. The judge further favored the above evidence starting that business ledger is an electronic record within the meaning of section 26 of the electronic Transaction Act No. 19 of 2006. All in all it was decided considering the above summarized points that the documents produced by the plaintiff company can be used evidence with relation to the lease agreement in question. What are the ICT related laws referred in this case? Throughout this case the Act “Electronic Transaction Act No. 19 of 2006” was used to derive ICT related laws to prove the admissibility of the evidence that has been provided by the plaintiff. The Preamble to the Electronic Transaction Act No. 19 of 2006 reads as follows: "An Act to recognize and facilitate the formation of contracts, the creation and exchange of data messages, electronic documents, electronic records and other communications in electronic form in Sri Lanka ; and to provide for the appointment of a certification authority and accreditation of certification service providers; and to provide for matters connected therewith or incidental thereto."
  • 3. The objectives of the Act as are as follows; 1. to facilitate domestic and international electronic commerce by eliminating legal barriers and establishing legal certainty; 2. to encourage the use of reliable forms of electronic commerce; 3. to facilitate electronic filing of documents with government and to promote efficient delivery of government services by means of reliable forms of electronic communications 4. To promote public confidence in the authenticity, integrity and reliability of data messages and electronic communications. This has ensured that electronic communication is officially and legally accepted as a proper means of communication. Rules derived from the Act for this case; “Any information contained in a data message, or any electronic document, electronic record or other communication 1. Touching any fact in issue or relevant fact 2. Compiled, received or obtained during the course of any business, trade or profession or other regularly conducted activity, shall be admissible in any proceedings.” Provided further that, for the purposes of paragraphs (1) and (2), if any information is contained in a data message, electronic document, electronic record or other communication made by a person – 1. Who is dead or who by reason of his bodily or mental condition is unfit to attend as a witness; or 2. Who is outside Sri Lanka and where reasonable steps have been taken to find such person and he cannot be found; or 3. Who does not wish to give oral evidence through fear; or 4. Who is prevented from so giving evidence, evidence relating to such information shall, if available, be admissible.
  • 4. Therefore, it is the Electronic Transaction Act No. 19 of 2006 applies with regard to the rules governing evidence in respect of the admissibility of electronic documents including electronic records such as business Ledger such as the Accounts Ledgers of this case. As per section 3 of the Electronic Transaction Act it defines the basic rule that no data message, electronic document, electronic record or other communication shall be denied legal recognition, effect, validity or enforceability on the ground that it is in electronic form. Section 26 of the Act defines what an electronic document means, which includes documents, records information, communication or transactions in electronic form. Section 21(1) of the Electronic Transaction Act reads as follows, “Not withstanding anything to contrary in the Evidence Ordinance or any other written law, the following provisions of this section shall be applicable for the purposes of this Act.” Considering the above extracted quote of the electronic transaction Act it brings to the light that all rules of evidence are governed solely by the provisions with regard to any information contained in a data message or any electronic document, electronic record or other communication regarding any business, trade or profession or other regular activities as set out in section 21(1) of the Electronic Transaction Act. Also when section 21(2) is read with section 3 of the Electronic Transaction Act No 19 of 2006 it depicts the entries from plaintiff’s accounts ledgers based on cash register receipts are admissible as business records. Under section 21(3) of the act laid down three rebuttable presumptions where the admissibility of the computer documents, records and other communications put into a different scenario. The three rebuttable presumptions are as follows, 1. The truth of information contained in a data message or in any electronic document or electronic record or other communication (truth of the information). 2. The said data message or in any electronic document or electronic record or other communication was made by the person who is purported to have made it (truth of the identity of the maker).
  • 5. Accordingly, any question of accuracy of the printouts, whether resulting from incorrect data entry or the inaccuracies of in any other type of business records or their genuineness can be rebutted on evidence unless the contrary is proved the rebuttable presumptions will operate. Thus, Admissibility of the computer documents depends on the question whether the presumptions of truth, genuineness and the fact that such evidence was made by the person who is purported to have made it can be proved or not. That is explained as the three rebuttable presumptions. At the end of the day it is crystal clear that the electronic transaction Act No 19 of 2006 plays a vital role in order to identify ICT related issues with regard to the given case. Relevance ofthe Act “Electronic TransactionAct No. 19 of 2006” During the hearing a controversy was raised on whether computer printouts of the Accounts Ledger can be admitted in evidence in terms of the law of this country. The Electronic Transaction Act played a major role on proving the admissibility of the account ledgers as evidence. The following facts indicate the applicability and the use of that particular Act towards the case. The plaintiff’s witness Mr. J.e. Kotalawela stated, the computerized accounts record keeping is the general practice of the plaintiff's company in the ordinary course of business instead of entries in books. Because of that it indicated, business records conducted in plaintiff’s company are in electronic form and with the help of the meaning of the section 26 of the Electronic Transaction Act No. 19 of 2006, Accounts Ledger was considered as an electronic record. Prior to the introduction of Evidence (Special Provisions) Act in Sri Lanka No.14 of 1995, there was no provision under Law of Evidence to admit Computer Evidence but now The Electronic Transaction Act clearly states in section 22 that the Evidence (Special Provisions) Act No. 14 of 1995 shall not apply to and in relation to any data message, electronic document, electronic record or other document to which the provisions of the Electronic Transaction Act applies. According to these facts it emphasized that Accounts Ledger can be admitted as evidence.
  • 6. As Mr. J.e. Kotalawela, Accounts Executives stated nowadays the business record is maintained in a computer rather than in company books to create the ledger when it is common business practices to maintain computerized accounts ledgers which do not change the result of the business transactions. Therefore entries from plaintiff's accounts ledgers based on cash register receipts are admissible as business record in terms of section 21 (2) read with section 3of the Electronic Transaction Act No. 19 of 2006. According to section 21 (2), it has to be read with section 21 (3) of the Act, it emphasizes any information contained in any data message or any electronic document, electronic record or other communication is admissible unless the presumptions of truth, genuineness and the fact that such evidence was made by the person who is purported to have made it, is rebutted. Because of these facts the plaintiff was able to prove that the evidence adduced was admissible at the end of this trial. Plaintiff’s Argument An argument can be a claim, counterclaim, reason or evidence, therefore there are several arguments that we can come across throughout this case. This case was filed according to the plaintiff’s claim which was stated that defendant party is responsible for breaching the contract between them, due to their non-observance of paying the installments according to the lease agreement. Therefore the plaintiff claimed for recovery of the installments they haven’t paid and the aggregate interest of the installments. In order to sue the defendant party for not paying the installments as agreed, the plaintiff adduced the computer printouts of account ledgers relating to the Lease Agreement in question. But the evidence was not considered as admissible evidence at once because of the controversy raised by the defendant party saying “computer printouts cannot be considered as evidence” as a counterclaim. But Mr. J.e. Kotalawela, Accounts Executives stated that generally the Accounts Ledgers are maintained by the company in the computer in the course of the normal business transactions and the documents sought to be produced as Pll to P13 are computer printouts of the data contained in the Accounts Ledger of the company in respect of the Lease Agreement as reasons. After that
  • 7. evidence was analyzed by using the Act „Electronic Transaction Act No. 19 of 2006‟ and the plaintiff followed a sequence approach to prove the admissibility of the account ledgers. At last plaintiff disproved the counterclaim with reasons and evidence which are stated above. In civil law, according to these facts, it encounters that the origin of a law case starts from the claim of the plaintiff because the plaintiff is the one who files the case as a result of wrong doings of the defendant. Therefore the whole case was hinged on the claim which is responsible for the complexity, effectiveness, and quality of the case. Hence, main argument stated by the plaintiff was that the defendant party is responsible for breaching the lease agreement between them Defendant’s Objections In every civil law case the defendant party is the one who brings the counterclaims to be the innocent party in the eyes of the law because in civil law the burden of proof is based on the innocence unlike in criminal law and the defendant has been given the rights to bring any no of counterclaims. In this case also there are several counterclaims done against the claim which makes the defendants to be responsible for breaching the lease agreement. When the court proceedings were taken place, the plaintiff used the evidence of Mr. J.e. Kotalawela, Accounts Executives to present the account ledgers maintained by the plaintiff company as Pll, P12 and P13 relating to the Lease Agreement but the counsel of defendant party stated objections on providing the evidence as computer printouts on the following grounds. 1. There is no prima facie evidence such as the name and logo of the plaintiff company to show that the documents sought to be produced are documents of the plaintiff. 2. Prima facie, the computer documents sought to be produced are mere data said to have been obtained from a computer however, there is no, evidence as to the relevancy of such documents to the case since no computer data sources (e.g. related links, information and terms) are not shown in the said documents;
  • 8. 3. The documents sought to be produced are not in respect of rentals paid by the defendants in terms of the Lease Agreement in question But Mr. Chaminda Kotalawela who was called to prove the document marked P3 clearly stated that he prepared the statement of accounts on the basis of the information available in the Lease Agreement and the data entered in the computerized. As a result of this there is no dispute that the documents sought to be produced at the trial as Pll to P13 are computer printouts despite the fact that the same has been certified by witness Kotalawela as true copies And also the plaintiff was able to disprove above objections but after that the defendant party further argued that the documents sought to be marked as P11 to P13 do not relate to accurate payments made by the defendants and hence, should not be produced in evidence and challenged the accuracy, genuineness and trustworthiness of the computer printouts obtained from the Accounts Ledger of the plaintiff company relating to the Lease Agreement in question. However at last they could not prove the inadmissibility of evidence. Conclusion At the beginning of this case it presents the legal bond between the plaintiff and the defendant. According to that plaintiff stated the compensation details and wrongdoing of the defendant as a result of breaching the lease agreement between them. According to the circumstances of their transactions, the plaintiff adduced the evidence but the defendant party objected to consider as admissible evidence because they were the computer printouts of account ledgers. Though the defendant argued on that, they couldn’t win over it and after that at the end also they challenged the accuracy, genuineness and trustworthiness of the computer printouts obtained from the Accounts Ledger of the plaintiff company relating to the Lease Agreement in question. With the help of the Electronic Transaction Act No. 19 of 2006 and considering all the evidence was adduced, the court decided that the documents sought to be produced as Pll to P13 are allowed to be tendered as evidence. Basis ofConclusion
  • 9. The basis of the above conclusion mainly based on the relevance of the Act Electronic Transaction Act No. 19 of 2006 and the statements of the plaintiff’s witness Mr. Chaminda Kotalawala Accounts Executives. When the computer printouts of account legers were not considered as evidence, the witness stated that he certified the computer printouts of account legers as Accounts Executives and they were true copies of the Accounts Ledger relating to the Lease Agreement because generally the Accounts Ledgers are maintained by the company in the computer in the course of the normal business transactions and the documents. The different sections in the Act Electronic Transaction Act No. 19 of 2006 proved that the computer printouts of account ledgers was an electronic document and can be considered as the evidence for the claim. With the combination of all these facts during the trial the plaintiff proved the computer printouts of the account ledgers were admissible and defendants couldn’t object to the production of these obtained from computerized accounts ledgers at this stage of the trial on the basis that they are resulting from incorrect data entry or the inaccuracies of in any other type of business records or their genuineness. The defendants are however, entitled to rebut the presumptions relevant to the documents in question and show that they are resulting from incorrect data entry 8 or the inaccuracies of in any other type of business records or their genuineness in terms of section 21 (3) of the Electronic Transaction Act No. 19 of 2006. Because of above reasons and facts the conclusion was decided during the trial that Pll to P13 are allowed to be tendered as evidence. Word Count - 2849
  • 10. Question02 Job Advertisement for Web Developer CODEFEST LABS| FLOWER ROAD| COLOMBO 07 WWW. CODEFEST LABS.LK <CODEFEST/>
  • 11. <CODEFEST/> Year End Performance Appraisal Form Performance Rating Definitions Outstanding (5) Performance is consistently superior Exceeds Expectations (4) Performance is routinely above job requirements Meets Expectations (3) Performance is regularly competent & dependable Below Expectations (2) Performance fails to meet job requirements on a frequent basis Unsatisfactory (1) Performance is consistently unacceptable SECTION 01 - Performance Rating Objective Employee Supervisor 1 2 3 4 5 1 2 3 4 5 Administration X X Knowledge of work X X Communication X X Decision Making/Problem Solving X X Human Resource Management X X Expense Management X X Independent Action X X Job Knowledge X X Leadership X X Customer Responsiveness X X Personal Appearance X X Overall Rating X X Name Savithri Nandadasa Title Web Developer Supervisor Indika Ratnayake Project name E- HR (Online HRIS Platform) Date Employee : 27/06/2016 Supervisor : 30/06/2016
  • 12. SECTION 02: Recommendations for improvement/career development Employee Comments: Next year I would like to attend a Software Services course to help with my senior engineer skills and with building a better team environment in my project as well as becoming a better team member in the company. I also hope to complete my Master’s degree under our tuition assistance program. Supervisor Comments: Attendance at a Software Services course will be beneficial to Savithri and I will support this expenditure. Completion of a Master’s degree will also help in career progression at our company. SECTION 03: General Comments Employee Comments: I appreciate the opportunity for this performance review and the support and direction my supervisor has given this year. I look forward to working with my supervisor and at this company for many years to come. Employee Comments: Savithri is an outstanding employee. Hope to work with her on next year as well. By signing this form, you confirm that you have discussed this review in detail with your supervisor. Signing this form does not necessarily indicate that you agree with this performance evaluation. Employee Signature: SavithriN Supervisor Signature: IRatnayake. Date: 27/06/2016 Date: 30/06/2016
  • 13. <CODEFEST/> Job Analysis Form Summary of the Position The Web Developer will be responsible for the design, development, programming and support of software applications. They will also be responsible for a variety of tasks, which include application development, configuration, analysis and web development. Project roles require a lead development responsibility for small projects working with business requestors and participation in larger projects with a project manager. Major duties / Responsibilities and performance standards • Create, edit and distribute various web applications as required using development tools Visual Studio, ASP.NET, C#, jQuery and Java Script • Integrate data from various back-end services and databases • Gather and refine specifications and requirements based on technical needs • Write the programming code, either from scratch or by adapting existing website software and graphics packages to meet business requirements • Test the website and identify any technical problems • Back up files from web sites to local directories for instant recovery in case of problems. • Stay plugged into emerging technologies/industry trends and apply them into operations and activities Name Savithri Nandadasa Title Web Developer Supervisor Indika Ratnayake Project name E- HR (Online HRIS Platform) Date 27/06/2016
  • 14. Personal characteristics / Job specifications • Have skills in software programming and graphics • Have creativity and imagination • Be adaptable and able to pick up new techniques • Have good interpersonal and communication skills • Be able to work on their own or in a team • Be able to work to tight deadlines • Be thorough and precise in their work • Be able to multi-task • Be aware of international web standards and protocols. Work context and Environment A web developer normally works between 37 and 40 hours a week, 9am to 5.30pm, Monday to Friday. Additional hours may be required to meet deadlines, which could include evenings and weekends. It is possible to be self-employed and work from home. • Salary and Benefits Starting salaries may be around LKR 30 000 • With experience, web developers may earn about LKR 50,000 Training and Development • Persuades to do training courses for many of the areas like adverse web technologies and database management are widely available, especially online. Creative Skillset website • Professional qualifications can be obtained from various professional bodies, including the British Computer Society (BCS)
  • 15. Certification and licensure • Certified Web Designer Apprentice (CWDSA-apprentice) • Certified Apprentice Webmaster (CAW-apprentice) Employee's certification I certify that the particulars provided are complete. Name: Savithri Nandadasa Signature: SavithriN Superior's / Manager's certification I agree with the job analysis as stated in this form. Name: Indika Ratnayake Signature: IRatnayake.
  • 16. <CODEFEST/> Job Description Job title : Web Developer Job code : 664920 Classification : Full time Exempt employee Department : Information Technology Reports to : Web Developer Date : June 2017 Web developers are employed across all industry sectors from finance and retail to public organizations. They may be employed directly by IT consultancies, software houses, web design agencies or work in an organization’s IT department. There are job opportunities throughout the county. Job Summary A web developer is responsible for the design, layout and coding of a website. They are involved with the technical and graphical aspects of a website - how the site works and how it looks. They can also be involved with the maintenance and update of an existing site. After establishing the target audience for a website and identifying the type of content it will host, a developer will: • Write the programming code, either from scratch or by adapting existing website software and graphics packages to meet business requirements • Test the website and identify any technical problems • Upload the site onto a server and register it with different search engines. A web developer normally works between 37 and 40 hours a week, 9am to 5.30pm, Monday to Friday. Additional hours may be required to meet deadlines, which could include evenings and weekends.
  • 17. Salaries range from about 30,000 LKR to 100,000 LKR or more. A web designer/developer should: • Have skills in software programming and graphics • Have creativity and imagination • Be adaptable and able to pick up new techniques • Have good interpersonal and communication skills • Keep up to date with advances in computer technology and how this affects the business environment Most employers expect applicants to have a degree-level education, often with relevant work experience and vocational skills. A range of qualifications are available that provide a good grounding in web design, interactive design, graphic design and internet technology. Training is done on the job, and includes in-house and external training courses. As the IT industry continues to develop it is vital for web designers/developers to keep up to date with new software and technology. Professional qualifications can be obtained from various professional bodies, including the British Computer Society. The normal progression route for a web designer/developer is to become a senior or principal web developer. Experienced web developers can use their experience and knowledge to become self-employed. What is the work like? A web developer is responsible for the design, layout and coding of a website. They are involved with the technical and graphical aspects of a website; how the site works and how it looks. They can also be involved with the maintenance and update of an existing site. In order to design a website, a developer will • Establish the purpose of the website based upon its target audience • Identify the type of content the site will host
  • 18. • Determine any functionality that the site must support, for example, whether it will handle financial transactions or enquiries . This will determine the type of technology to use and how complex the site will be. The web designer/developer will then:  Write the programming code, either from scratch or by adapting existing website software and graphics packages to meet business requirements  Test the website and identify any technical problems  Upload the site onto a server and register it with different search engines. A web designer/developer will usually work as part of a team, which will include a web author/editor and an account manager. Hours and Environment A web designer/developer normally works between 37 and 40 hours a week, 9am to 5.30pm, Monday to Friday. Additional hours may be required to meet deadlines, which could include evenings and weekends. It is possible to be self-employed and work from home. Part-time and flexible hours may be available. It is usual to work in an open-plan office environment. A limited amount of travelling may be required. Salary and other benefits These figures are only a guide, as actual rates of pay may vary, depending on the employer and where people live. • Starting salaries may be around 30,000 LKR a month • With experience, web developers may earn about 100,000 LKR.
  • 19. Skills and Personal Qualities A web developer should: • Have skills in software programming and graphics • Have creativity and imagination • Be adaptable and able to pick up new techniques • Have good interpersonal and communication skills • Be able to work on their own or in a team • Be able to work to tight deadlines • Be thorough and precise in their work • Be able to multi-task • Be aware of international web standards and protocols. Interests It is important to be interested in: • keeping up to date with advances in computer technology and how this affects the business environment • the internet • Troubleshooting and problem solving.